Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p20
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 48000–50603

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 must fill in his or her passenger card 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 passenger card 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 non-citizen.

Bogus documents not to be given

"39. A non-citizen must not give an officer a bogus document or cause such a document to be so given.

Changes in circumstances to be notified

"40.(1) If circumstances change so that an answer to a question on a non-citizen's application form or an answer under this section is incorrect in the new circumstances, he or she must inform an officer

on an approved form of the new circumstances and of the correct answer in them.

"(2) If the application for the visa was made in Australia, subsection (1) only applies to changes in circumstance before the visa is granted.

"(3) If the application for the visa was made outside Australia, subsection (1) only applies to changes in circumstances after the application and before the applicant is immigration cleared.

"(4) If circumstances change so that an answer to a question on a non-citizen's passenger card is incorrect in the new circumstances, he or she must inform an officer on an approved form of the new circumstances and of the correct answer in them.

  "(5) Subsections (1) and (4) apply despite the grant of any visa.

Particulars of incorrect answers to be given

  "41.(1) If a non-citizen becomes aware that:

  (a)     an answer in his or her application form; or

  (b)     an answer in his or her passenger card; or

    (c)     information given by him or her under section 40 about the form or card; or

  (d)     a response given by him or her under section 43;

is incorrect, he or she must notify an officer, on an approved form, of the incorrectness and of the correct answer.

  "(2) Subsection (1) applies despite the grant of any visa.

Obligations to give information is not affected by other sources of information

"42. The requirement for a non-citizen to comply with sections 37, 38, 39, 40 and 41, is not removed or otherwise affected by the fact that the Minister or an officer had, or had access to:

    (a)     any information given by the non-citizen