Document ID: chunk:federal_register_of_legislation:C2024C00800:section:134:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 134 (pt 1/4)
Character Range: 347443–350154

134  Cancellation of business visas
 (1) Subject to subsection (2) and to section 135, the Minister may cancel a business visa (other than an established business in Australia visa, an investment‑linked visa or a family member's visa) if the Minister is satisfied that its holder:
 (a) has not obtained a substantial ownership interest in an eligible business in Australia; or
 (b) is not utilising his or her skills in actively participating at a senior level in the day‑to‑day management of that business; or
 (c) does not intend to continue to:
 (i) hold a substantial ownership interest in; and
 (ii) utilise his or her skills in actively participating at a senior level in the day‑to‑day management of;
  an eligible business in Australia.
 (2) The Minister must not cancel a business visa under subsection (1) if the Minister is satisfied that its holder:
 (a) has made a genuine effort to obtain a substantial ownership interest in an eligible business in Australia; and
 (b) has made a genuine effort to utilise his or her skills in actively participating at a senior level in the day‑to‑day management of that business; and
 (c) intends to continue to make such genuine efforts.
 (3) Without limiting the generality of matters that the Minister may take into account in determining whether a person has made the genuine effort referred to in subsection (2), the Minister may take into account any or all of the following matters:
 (a) business proposals that the person has developed;
 (b) the existence of partners or joint venturers for the business proposals;
 (c) research that the person has undertaken into the conduct of an eligible business in Australia;
 (d) the period or periods during which the person has been present in Australia;
 (e) the value of assets transferred to Australia by the person for use in obtaining an interest in an eligible business;
 (f) the value of ownership interest in eligible businesses in Australia that are, or have been, held by the person;
 (g) business activity that is, or has been, undertaken by the person;
 (h) whether the person has failed to comply with a notice under section 137;
 (i) if the person no longer holds a substantial ownership interest in a particular business or no longer utilises his or her skills in actively participating at a senior level of a day‑to‑day management of a business:
 (i) the length of time that the person held the ownership interest or participated in the management (as the case requires); and
 (ii) the reasons why the person no longer holds the interest or participates in the management (as the case requires).
 (3A) Subject to section 135, the Minister may cancel an investment‑linked visa (other than a family