Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p24
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 57980–60858

The powers to cancel a visa:

  (a)     under section 50AB; or

  (b)     under section 45 (incorrect information); or

  (c)     under section 50A (business visas);

are not limited, or otherwise affected, by each other.

              "Subdivision E—Procedure for cancelling visas under Subdivision D in or outside Australia

Notice of proposed cancellation

"50AE.(1) Subject to Subdivision F (non-citizens outside Australia), if the Minister is considering cancelling a visa, whether its holder is in or outside Australia, under section 50AB, the Minister must notify the holder that there appear to be grounds for cancelling it and:

    (a)     give particulars of those grounds and of the information (not being non-disclosable information) because of which the grounds appear to exist; and

    (b)     invite the holder to show within a specified time, being, subject to sections 50AK and 50AL, a prescribed time that:

      (i) those grounds do not exist; or

      (ii) there is a reason why it should not be cancelled.

"(2) The holder is to be notified in the prescribed way or, if there is no prescribed way, a way that the Minister considers to be appropriate.

"(3) The way of notifying the holder, whether prescribed or considered appropriate, may, without limiting the generality of subsection (2), be orally.

"(4) The other provisions of this Subdivision do not apply to a cancellation:

  (a)     under a provision other than section 50AB; or

  (b)     to which Subdivision F applies.

Certain information must be given to visa holder

"50AF.(1) If the Minister has information, not being non-disclosable information, that he or she considers:

     (a) would be the reason, or part of the reason, for cancelling it; and

    (b)    is specifically about the visa holder or another person and not just about a class of persons of which the holder or other person is a member; and

    (c)    was not given by, or with the permission of, the visa holder for the purpose of considering cancellation; and

    (d)    was not disclosed in the notification under section 50AG to the holder;

the Minister is to:

  (e)    give particulars of the information to the holder; and

  (f)      invite the holder to comment on the information.

"(2) The particulars and invitation are to be given in the way that the Minister considers appropriate in the circumstances.

"(3) The Minister is to ensure, as far as reasonably practicable, that the holder understands why the information is relevant to the cancellation.

Invitation to give comments etc.

"50AG.(1) An invitation under paragraph 50AE(1)(b) or 50AF(1)(f) is to specify whether the response to the invitation may be given:

  (a)     in writing; or

  (b)     at an interview between the holder and an officer; or

  (c)     by telephone.

"(2) Subject to subsection (4), if the invitation is to respond