Section 367D — Migration Act 1958: Interaction with ART Act

The following provisions of the ART Act do not apply in relation to applications to be reviewed on the papers: (a) sections 43 to 46 (reconstitution of Tribunal); Note: See section 367L (ART may be reconstituted) of this Act. (b) section 55 (right to present case); Note: See sections 367E (exhaustive statement of natural justice hearing rule) and 367N (decision without hearing) of this Act. (c) paragraph 63(2)(a) (non-participating party may be required to appear); (d) Subdivision A of Division 6 of Part 4 (Tribunal powers relating to hearings and evidence), other than sections 70 and 71 (Tribunal may restrict publication or disclosure of information); (e) paragraphs 79(2)(c) to (i) and (k) (Tribunal directions in relation to hearings); (f) sections 80 to 83 (Tribunal powers in relation to hearings); (g) section 106 (review of decisions without hearing); Note: See section 367N (decision without hearing) of this Act. (h) any other provision prescribed by the regulations. Note: Other provisions of the ART Act do not apply in relation to applications to be reviewed on the papers (see, for example, subsection 336P(2) of this Act).