Document ID: chunk:federal_register_of_legislation:C2024C00800:section:134:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 134 (pt 2/4)
Character Range: 349910–352459

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 member's visa) if the Minister is satisfied that the person, or any of the persons, who held the relevant designated investment when the visa was granted has or have ceased, for any reason, to hold that investment within 3 years of that investment being made.
 (4) Subject to subsection (5) and to section 135, if:
 (a) the Minister cancels a person's business visa under subsection (1) or (3A); and
 (b) a business visa is held by another person who is or was a member of the family unit of the holder of the cancelled visa; and
 (c) the other person would not have held that business visa if he or she had never been a member of the family unit of the holder of the cancelled visa;
the Minister must cancel the other person's business permit or business visa.
 (5) The Minister must not cancel the other person's business visa under subsection (4) if the cancellation of that visa would result in extreme hardship to the person.
 (6) The Minister is taken not to have cancelled a person's business visa under subsection (4) if the ART has set aside the decision of the Minister to cancel the business visa of the relevant person to whom paragraph (4)(a) applied.
 (7) If the Minister cancels a business visa under this section, the Minister must give written notice of the cancellation decision to its holder, including:
 (a) the Minister's reason for the cancellation; and
 (b) a statement to the effect that the holder may, within 28 days after receiving the notice, apply to the ART for review of the cancellation.
 (7A) The notice under subsection (7) must be given in the prescribed way.
 (7B) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notices given under subsection (7).
 (8) A cancellation under this section has effect on and from:
 (a) if the person applies to the ART for a review of the decision to cancel the visa—the 28th day after the day on which the ART gives its decision on that review; or
 (b) if:
 (i) the person's visa was cancelled under subsection (4); and
 (ii) the relevant person to whom paragraph (4)(a) applied has applied to the ART for a review of the decision to cancel that person's visa;
  the 28th day after the day on which the ART gives its decision on that review; or
 (c) the