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StatuteMigration Act 1958

Section 496 — Migration Act 1958: Delegation

Text of the provision Official document

(1) The Minister may, by writing signed by him or her, delegate to a person any of the Minister’s powers under this Act. (1A) The delegate is, in the exercise of a power delegated under subsection (1), subject to the directions of the Minister. (2) The Secretary may, by writing signed by him or her, delegate to a person any of the Secretary’s powers under this Act. (3) If an application for a visa that has a health criterion is made, the Minister may: (a) delegate to a person the power to consider and decide whether that criterion is satisfied; and (b) consider and decide, or delegate to another person the power to consider and decide, all other aspects of the application. (4) To avoid doubt, if there is a delegation described in paragraph (3)(a) in relation to an application for a visa: (a) Subdivision AB of Division 3 of Part 2 has effect accordingly; and (b) for the purposes of subsection 65(1), the Minister is satisfied or not satisfied that the health criterion for the visa has been satisfied if the delegate who was given that delegation is so satisfied or not so satisfied, as the case may be. (5) Subsection (1A) does not limit subsection 499(1).

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.