Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p16
Version: federal_register_of_legislation:C2004A04736
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Character Range: 39222–42128

in any other case—at the end of those 14 days; and".

Cancellation of visa if information incorrect

42. Section 45 of the Principal Act is amended by omitting from paragraph (1)(c) "of the non-compliance".

Repeal of section and substitution of new section

43. Section 50AD of the Principal Act is repealed and the following section is substituted:

Cancellation powers do not limit or affect each other

  "50AD. The powers to cancel a visa under:

  (a) section 45 (incorrect information); or

  (b) section 50AB (general power to cancel); or

  (c) section 50AN (when holder outside Australia); or

  (d) section 50A (cancellation of business visas); or

  (e) section 50G (consequential cancellation of other visas); or

  (f) section 180A (special power to refuse or cancel);

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

Repeal of section and substitution of new section

44. Section 50AF of the Principal Act is repealed and the following section is substituted:

Certain information must be given to visa holder

"50AF.(1) In this section, 'relevant information' means information (other than non-disclosable information) that the Minister considers:

  (a) would be the reason, or a part of the reason, for cancelling a visa; and

    (b) is specifically about the holder or another person and is not just about a class of persons of which the holder or other person is a member; and

  (c) was not given by the holder; and

    (d) was not disclosed to the holder in the notification under section 50AE.

  "(2) The Minister must:

  (a) give particulars of the relevant information to the holder; and

    (b) ensure, as far as reasonably practicable, that the holder understands why it is relevant to the cancellation; and

  (c) invite the holder to comment on it.

"(3) The particulars and invitation are to be given in the way that the Minister considers appropriate in the circumstances.".

Notice of cancellation

  45. Section 50AO of the Principal Act is amended:

    (a) by inserting in paragraph (1)(c) ", within a specified time, being a prescribed time," after "show";

    (b) by omitting from paragraph (1)(d) "a specified time, being a prescribed" and substituting "the specified".

Effect of revocation of cancellation

  46. Section 50AS of the Principal Act is amended:

    (a) by omitting from subsection (2) "If" and substituting "Subject to subsection (1), if";

  (b) by omitting from subsection (2) "force" and substituting "effect";

    (c) by omitting from subsection (2) "enter Australia" and substituting "travel to, enter and remain in Australia, or to remain in Australia".

Cancellation of visa results in other cancellation

  47. Section 50G of the Principal Act is amended:

  (a) by inserting after subsection (2) the following subsection:

      "(2A) If:

        (a) a person's visa (the 'cancelled visa') is cancelled under any provision