I lodged parent visa (by the way my in-law's) subclass 103 on Friday 30.06.2014 by fax.
It is my understanding that The Electronic Transaction Act over rides schedule 1 however acting assistant director of Perth Parents Processing Centre I spoke to today, claims that their view is different as the fax number for lodgement of 103 visa is not publicly advertised.
Is it right?
Extract from PAM 22 Electronic Lodgement
22.1 The ET Act
22.22 The Electronic Transaction Act 1999 gives the public the option of lodging applications electronically ( that is , by fax, email or 'other electronic means') provided any agency-specific IT requirements are met.
Detail of these IT requirements must be readily available to the public through such means as information sheets, application forms and websites.
For offices of the department in Australia these IT requirements are that applications are lodged by fax using the fax number of appropriate office .
22.3 Effect of the ET Act on valid application requirements
22.4
For certain visa subclasses , Schedule 1 , regulation 2.10 or regulation 2.10AA requires the application to be sent by mail or courier to a specified address. This requirement, however , does not prevent the option of electronic lodgement of applications for those visa subclasses. This is because the the Electronic Transactions Act prevails over the Migration Regulations . Therefore , the department's IT requirements for lodging applications for these visa subclasses electronically must be also available to clients along the lines outlined in section 22.1 The ET Act.
It is my understanding that any fax number provided by DIBP on the website is suitable for lodgement of valid application under The ET Act .
Is DIBP right saying, that there was no specified fax number advertised on line for purpose of lodgement visa subclass 103, therefore the Act does not prevail Migration Regulations?
Any comments will be highly appreciated . Anyone can assess chances with the AAT?