Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p15
Version: federal_register_of_legislation:C2004A04736
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Character Range: 36528–39468

following subsections:

    "(2) A substantive visa held by a non-citizen ceases to be in effect if another substantive visa (other than a special purpose visa) for the non-citizen comes into effect.

     "(2A) A bridging visa held by a non-citizen ceases to be in effect if another visa (other than a special purpose visa) for the non-citizen comes into effect.

    "(2B) A visa ceases to be in effect when the holder leaves Australia because of a deportation order made under section 55A.";

  (d) by inserting in subsections (3) and (4) "travel to and" after "visa to";

    (e) by inserting in subsections (3) and (4) "(whether also a visa to remain in Australia)" after "enter Australia";

    (f) by inserting in subsection (5) "(whether also a visa to travel to and enter Australia)" after "Australia";

    (g) by omitting from subsection (7) "54HU)" and substituting "54HU).";

  (h) by adding at the end the following subsection:

    "(8) For the purposes of subsections (3), (4) and (5), 'particular date' includes:

      (a) the date an event, specified in the visa, happens; or

        (b) the date the holder ceases to have a status specified in the visa or the regulations.".

Changes in circumstances to be notified

  40. Section 40 of the Principal Act is amended:

  (a) by omitting subsection (4);

    (b) by omitting from subsection (5) "Subsections (1) and (4) apply" and substituting "Subsection (1) applies".

Notice of incorrect applications

  41. Section 43 of the Principal Act is amended:

    (a) by omitting from paragraph (1)(b) "officer" and substituting "Minister";

    (b) by omitting subparagraphs (1)(b)(i) and (ii) and substituting the following subparagraphs:

       "(i) if the holder disputes that there was non-compliance:

           (A) shows that there was compliance; and

             (B) in case the Minister decides under section 44 that, in spite of the statement under sub-subparagraph (A), there was non-compliance—shows cause why the visa should not be cancelled; or

       (ii) if the holder accepts that there was non-compliance:

           (A) give reasons for the non-compliance; and

           (B) shows cause why the visa should not be cancelled; and";

    (c) by omitting paragraph (1)(c) and substituting the following paragraph:

"(c) stating that the Minister will consider cancelling the visa:

         (i) if the holder gives the Minister oral or written notice, within the 14 days mentioned in paragraph (b), that he or she will not give a written response—when that notice is given; or

         (ii) if the holder gives the Minister a written response within those 14 days—when that response is given; or

(iii) 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