Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p19
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
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Character Range: 45615–48227

of other provisions of this Act under which a visa ceases to be in force (such as sections 54HT and 54HU)".

11. The heading to Division 3 of Part 2, and sections 33 to 50 are repealed and the following headings and sections are substituted:

"Subdivision C—Visas based on incorrect information may be cancelled

Interpretation

"33. In this Subdivision:

'application form', in relation to a non-citizen, means a form on which non-citizen applies for a visa, being a form that subsection 26L(2) allows to be used for making the application;

'bogus document', in relation to a person, means a document that the Minister reasonably suspects is a document that:

     (a)     purports to have been, but was not, issued in respect of the person; or

     (b)     is counterfeit or has been altered by a person who does not have authority to do so; or

     (c)     was obtained because of a false or misleading statement, whether or not made knowingly;

'passenger card' has the meaning given by subsection 183(2) and, for the purposes of section 50AA, includes any document provided for by regulations under paragraph 181(1)(c).

Completion of visa application

"34. A non-citizen who does not fill in his or her application form or passenger card is taken to do so if he or she causes it to be filled in or if it is otherwise filled in on his or her behalf.

Information is answer

"35. Any information that a non-citizen gives, causes to be given or that is given on his or her behalf to the Minister, an officer or a person or Tribunal reviewing a decision under this Act in relation to the non-citizen's application for a visa is taken for the purposes of section 36, paragraphs 37(b) and 38(b) and sections 40 and 41 to be an answer to a question in the non-citizen's application form, whether the information is given orally or in writing and whether at an interview or otherwise.

Incorrect answers

"36. For the purposes of this Subdivision, an answer to a question is incorrect even though the person who gave the answer or caused the answer to be given did not know that it was incorrect.

Visa applications to be correct

"37.(1) A non-citizen must fill in his or her application form in such a way that:

  (a)     all questions on it are answered; and

  (b)     no incorrect answers are given.

"(2) If a question on a non-citizen's application form is not answered, not only will the non-citizen have failed to comply with this section, but the question is to be taken to have been answered in the way that is most adverse for the application.

Passenger cards to be correct

"38.(1) A non-citizen