Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p12
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 12/26)
Character Range: 385901–388586

visas
  For subsection 41(1) of the Act:
 (a) a special purpose visa taken to be granted to an airline positioning crew member is subject to condition 8117; and
 (b) a special purpose visa taken to be granted to an airline crew member is subject to condition 8118.

Division 2.9—Cancellation or refusal to grant visas

Subdivision 2.9.1—Cancellation under Subdivision C of Division 3 of Part 2 of the Act
Note: The obligations of a visa holder under Subdivision C of Division 3 of Part 2 of the Act are: to supply correct information on his or her application form (s 101), including answers on passenger cards (s 102); not to give bogus documents (s 103); to notify changes in circumstances (s 104); and, if incorrect information is given, to correct it (s 105). The obligation is not affected by other sources of information being available (s 106). If the Minister gives a visa holder a notice under s 107(1) stating that there may have been non‑compliance and asking the visa holder for a response, the answers must be correct (s 107(2)).

2.41  Whether to cancel visa—incorrect information or bogus document (Act, s 109(1)(c))
  For the purposes of paragraph 109(1)(c) of the Act, the following circumstances are prescribed:
 (a) the correct information;
 (b) the content of the genuine document (if any);
 (c) whether the decision to grant a visa or immigration clear the visa holder was based, wholly or partly, on incorrect information or a bogus document;
 (d) the circumstances in which the non‑compliance occurred;
 (e) the present circumstances of the visa holder;
 (f) the subsequent behaviour of the visa holder concerning his or her obligations under Subdivision C of Division 3 of Part 2 of the Act;
 (g) any other instances of non‑compliance by the visa holder known to the Minister;
 (h) the time that has elapsed since the non‑compliance;
 (j) any breaches of the law since the non‑compliance and the seriousness of those breaches;
 (k) any contribution made by the holder to the community.
Note: Under s. 109 of the Act, the Minister may cancel a visa if there was non‑compliance by the holder of a kind set out in Subdivision C of Division 3 of Part 2 of the Act. The Minister is to have regard to the prescribed circumstances in considering whether to cancel the visa.

Subdivision 2.9.2—Cancellation generally

2.43  Grounds for cancellation of visa (Act, s 116)
 (1) For the purposes of paragraph 116(1)(g) of the Act (which deals with circumstances in which the Minister may cancel a visa), the grounds prescribed are the following:
 (a) that the Foreign Minister has personally determined that:
 (i) in the case of a visa other than a relevant visa—the holder