Document ID: chunk:federal_register_of_legislation:C2014A00129:clause:2_133c:p2
Version: federal_register_of_legislation:C2014A00129
Segment Type: clause
Provision Reference: sch 2 cl 133C (pt 2/2)
Character Range: 29223–29997

was made as mentioned in paragraph (5)(c), the power under subsection (3) to cancel a visa is a power to set aside that decision and cancel the visa.

Minister's exercise of power
 (7) The power in subsection (1) or (3) may only be exercised by the Minister personally.
 (8) The Minister does not have a duty to consider whether to exercise the power in subsection (1) or (3), whether or not the Minister is requested to do so, or in any other circumstances.
 (9) Section 117 applies in relation to the power in subsection (1) or (3) in the same way as it applies to the cancellation of a visa under section 116.
 (10) Subsection 138(4) does not prevent the Minister setting aside a decision of a Tribunal or a delegate and cancelling a visa in accordance with this section.