403Regulations in respect of refugee and protection matters

1. Without limiting the generality of section 400, regulations made under that section may, in relation to refugee and protection matters,—

2. specify the manner in which any claim, appeal, or application is to be made:
4. provide for the availability and use of interpreters:
5. provide for matters relating to communications with claimants or other persons concerned:
6. specify the information that must be supplied to claimants or other persons concerned, including information concerning their rights and concerning procedures under Part 5:
7. make provision for the representation of minors:
8. make provision for representation generally:
9. specify the circumstances in which interviews must be held and when they need not be held:
10. specify the periods, or minimum or maximum periods, within which or before or after which certain things must be done or may not be done:
11. specify the obligations of claimants or other persons concerned as to the provision of contact details, information, and documents:
12. specify the manner in which a claim or other matter may be withdrawn:
13. specify, by reference to 1 or both of the following matters, the claims that a refugee and protection officer must not process or determine or make a decision on under sections 136 to 138:
    1. common circumstances or common characteristics of the claims:
    2. common circumstances or common characteristics of the claimants making the claims:
14. provide for any special matters relating to the handling of claims, appeals, or other matters when the claimant or other person concerned is in custody:
15. specify the procedures to be followed in relation to claims, appeals, and other matters not completed before the commencement of this section.

16. No regulations may be made under section 400 in respect of the matters specified in subsection (1)(ka) of this section unless the Minister—

17. has recommended the making of the regulations to the Governor-General; and
18. before doing so, is satisfied that the regulations are necessary for 1 or both of the following reasons:
    1. there are problems in accessing information or assessing information that is relevant to determining or making a decision on the claims to be specified in the regulations:
    2. the circumstances to which the claims to be specified in the regulations relate, or the circumstances of the claimants making those claims, are otherwise of a nature, or subject to such a degree of change or uncertainty, that determination or decision of the claims under sections 136 to 138 is unlikely to produce a robust outcome.

19. Regulations made under section 400 in respect of the matters specified in subsection (1)(ka) of this section—

20. are deemed to be revoked on the date that is 6 months after their commencement or on any earlier date specified in the regulations; and
21. have no continuing effect after the date on which they expire.

Notes

• Section 403(1)(b): repealed, on 7 May 2015, by section 106 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 403(1)(ka): inserted, on 19 June 2013, by section 16(1) of the Immigration Amendment Act 2013 (2013 No 39).
• Section 403(2): inserted, on 19 June 2013, by section 16(2) of the Immigration Amendment Act 2013 (2013 No 39).
• Section 403(3): inserted, on 19 June 2013, by section 16(2) of the Immigration Amendment Act 2013 (2013 No 39).