Section 503E — Migration Act 1958 (Cth)

(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.

Related sections

• s 503B — Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—permanent non‑disclosure orders
• s 503C — Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—interim non‑disclosure orders
• s 503D — Details of gazetted agency to be treated as protected information
• s 504 — Regulations
• s 505 — Regulations about visa criteria
• s 506 — Regulations about passenger cards

Research how courts apply s 503E

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