Document ID: chunk:federal_register_of_legislation:F2024C01132:reg:19
Version: federal_register_of_legislation:F2024C01132
Segment Type: reg
Provision Reference: reg 19
Character Range: 76654–78282

19  Minister may waive operation of declaration under paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b)
 (1) This regulation applies if:
 (a) the Minister has declared a person under paragraph 6(b) or 6A(1)(b), (2)(b), (4)(b), (5)(b), (8)(b) or (9)(b) for the purpose of preventing the person from travelling to, entering or remaining in Australia; and
 (b) the person:
 (i) holds a visa under the Migration Act 1958; or
 (ii) had applied under that Act for the grant of a visa before the declaration, and the application had not been finally determined (within the meaning of that Act) before the declaration; or
 (iii) applies under that Act for the grant of a visa after the declaration.
 (2) The Minister may, in writing, waive the operation of the declaration to the extent that it would have the effect of preventing the person from travelling to, entering or remaining in Australia as would be permitted by the visa.
 (3) The Minister may waive the operation of the declaration only:
 (a) on the grounds that it would be in the national interest; or
 (b) on humanitarian grounds.
 (4) The Minister may waive the operation of the declaration subject to conditions specified in the waiver.
 (5) A waiver has effect:
 (a) for the period (if any) specified by the Minister in the waiver; or
 (b) in the circumstances (if any) specified by the Minister in the waiver.
 (6) The waiver ceases to have effect if:
 (a) the person fails to comply with a condition to which it is subject; or
 (b) the period (if any) for which it has effect ends; or
 (c) the circumstances in which it has effect cease to exist.