Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p21
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 50381–53244

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 for purposes unrelated to the non-citizen's visa application; or

  (b)     any other information.

Notice of incorrect applications

"43.(1) If the Minister considers that the holder of a visa who has been immigration cleared (whether or not because of that visa) did not comply with section 37, 38, 39, 40 or 41 or with subsection (2) in a response to a notice under this section, the Minister may give the holder a notice:

  (a)     giving particulars of the possible non-compliance; and

    (b)     stating that, within 14 days, the holder may give the officer a written response to the notice that:

       (i) shows that there was compliance; or

      (ii) both:

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

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

    (c)     stating that, at the end of those 14 days, the officer will consider cancelling the visa; and

  (d)     setting out the effect of sections 44, 45, 47 and 48; and

    (e)     informing the holder that the holder's obligations under section 40 or 41 are not affected by the notice under this section.

"(2) If the visa holder responds to the notice, he or she must do so without making any incorrect statement.

Decision about non-compliance

  "44. The Minister is to:

    (a)     consider any response given by a visa holder in the way required by paragraph 43(1)(b); and

    (b)     decide whether there was non-compliance by the visa holder in the way described in the notice.

Cancellation of visa if information incorrect

  "45.(1) The Minister, after:

    (a)     deciding under section 44 that there was non-compliance by the holder of a visa; and

    (b)     considering any response to the notice about the non-compliance given in a way required by paragraph 43(1)(b); and

    (c)     having regard to any prescribed circumstances of the non-compliance;

may cancel the visa.

"(2) If the Minister may cancel a visa under subsection (1), the Minister must do so if there exist circumstances declared by the regulations to be circumstances in which a visa must be cancelled.

Cancellation provisions apply whatever source of knowledge of non-compliance

"46. To avoid doubt, sections 43, 44 and 45 apply whether or not the officer became aware of the non-compliance because of information given by the holder.

Cancellation provisions apply whether or not non-compliance deliberate

       "47. To avoid doubt, sections 43, 44 and 45 apply whether the non-compliance was deliberate or inadvertent.

Action because of one non-compliance not prevent action because of other non-compliance

"48.(1) A notice