Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p23
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
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Character Range: 55539–58281

the Migration Act 1958 as in force immediately before that date) because of which the visa is held had been the application for the visa; and

    (c)     for the purposes of sections 43 to 50, non-compliance by the holder of the visa with the sections referred to in section 43 included any action or condition of the holder because of which section 20 of that Act as so in force applied to the holder.

"Subdivision D—Visas may be cancelled on certain grounds

Power to cancel

"50AB.(1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is satisfied that:

    (a)     any circumstances which permitted the approval of the application for the visa no longer exist; or

  (b)    its holder has not complied with a condition of the visa; or

    (c)     another person required to comply with a condition of the visa has not complied with that condition; or

    (d)    if its holder has not entered Australia or has so entered but not been immigration cleared—it would be liable to be cancelled under Subdivision C (incorrect information given by holder) if its holder had so entered and been immigration cleared; or

    (e)     the presence of its holder in Australia is, or would be, a risk to the health, safety or good order of the Australian community; or

     (f) the visa should not have been granted because the application for it, the approval of its grant or its grant was in contravention of this Act or of another law of the Commonwealth; or

   (g) a prescribed ground for cancelling a visa applies to the holder.

"(2) The Minister is not to cancel a visa if there exist prescribed circumstances in which a visa is not to be cancelled.

"(3) If the Minister may cancel a visa under subsection (1), the Minister must do so if there exist prescribed circumstances in which a visa must be cancelled.

When visa may be cancelled

"50AC.(1) Subject to subsection (2), a visa held by a non-citizen may be cancelled under section 50AB:

  (a)     before the non-citizen enters Australia; or

  (b)     when the non-citizen is in immigration clearance; or

  (c)     when the non-citizen leaves Australia; or

  (d) while the non-citizen is in Australia.

"(2) A permanent visa cannot be cancelled under section 50AB if the holder of the visa:

  (a)     is in the migration zone; and

  (b)     was immigration cleared on last entering Australia.

Cancellation powers not limit each other

  "50AD. The powers to cancel a visa:

  (a)     under section 50AB; or

  (b)     under section 45 (incorrect information); or

  (c)     under section 50A (business visas);

are not limited, or otherwise affected, by each other.

              "Subdivision E—Procedure for cancelling visas under Subdivision