Section 503E — Migration Act 1958: Validation of decisions

(1) If: (a) section 503A is not a valid law of the Commonwealth (in whole or in part); and (b) the Minister made a decision under section 501, 501A, 501B, 501BA, 501C or 501CA before the commencement of this section; the decision is not invalid, and is taken never to have been invalid, merely because: (c) the Minister: (i) relied on; or (ii) had regard to; or (iii) failed to disclose in accordance with any applicable common law or statutory obligation; information that was covered, or purportedly covered, by subsection 503A(1) or (2); or (d) the Minister made the decision on the basis of an erroneous understanding of: (i) section 503A; or (ii) the protection that section 503A would provide against an obligation to disclose information. (2) However, subsection (1) does not affect rights or liabilities arising between parties to proceedings in which: (a) judgment is reserved by a court as at the commencement of this section; or (b) judgment has been delivered by a court before the commencement of this section; and the judgment sets aside, or declares invalid, a decision made by the Minister under section 501, 501A, 501B, 501BA, 501C or 501CA.