Minor Amendment to Section 137J of the Migration Act 1958
1 July 2007 - Legislation change
Client summary
A minor amendment to the note in subsection 137J(1) and to subsection 137J(2) of the Migration Act 1958 (‘the Act’) was contained in the Education Services for Overseas Legislation Amendment Act 2007 (‘ESOS Amendment Act’).
The changes to commence 1 July 2007 , ensure the Act is consistent with changes to the Education Services for Overseas Students Act 2000 (the ESOS Act), in particular section 20 of the ESOS Act.
The change to section 20 of the ESOS Act omits the words ‘explaining the breach’ and instead requires a section 20 notice served on a student to specify that the student attend before an officer for the purposes of ‘making any submission about the breach and circumstances that led to the breach’. The amendments to section 137J of the Migration Act provide for automatic cancellation of the visa if the student does not comply with the requirements of the notice and has been amended to support the above changes to the ESOS Act.
Under the note in subsection 137J(1) of the Act, ‘explaining the breach’ has been omitted and substituted with ‘making any submissions about the breach and the circumstances that led to the breach’. Under subsection 137(2) of the Act, ‘explaining the breach alleged in the notice’ has been substituted with ‘making any submissions about the breach and the circumstances that led to the breach.’
Technical details
The following provisions of the Act are amended:
- Subsection 137J(1) (note)
- Subsection 137J(2)
Additional information: Nil
Transitional arrangements: Nil
Forms: Nil
Instructions: PAM3 The relevant policy documents have been updated to reflect these amendments.
Effect on delegations: Nil
Effect on systems: Nil