Document ID: chunk:federal_register_of_legislation:C2005A00079:clause:1_197ad
Version: federal_register_of_legislation:C2005A00079
Segment Type: clause
Provision Reference: sch 1 cl 197AD
Character Range: 12163–13432

197AD  Revocation or variation of residence determination

 (1) If the Minister thinks that it is in the public interest to do so, the Minister may, at any time, revoke or vary a residence determination in any respect (subject to subsection (2)).

Note 1: If a person covered by a residence determination does not comply with a condition specified in the determination, the Minister may (subject to the public interest test) decide to revoke the determination, or to vary the determination by altering the conditions, whether by omitting or amending one or more existing conditions or by adding one or more additional conditions.

Note 2: If the Minister revokes a residence determination (without making a replacement determination) and a person covered by the determination is a person whom section 189 requires to be detained, the person will then have to be taken into detention at a place that is covered by the definition of immigration detention in subsection 5(1).

 (2) Any variation of a residence determination must be such that the determination, as varied, will comply with subsections 197AB(1) and (2).

 (3) A revocation or variation of a residence determination must be made by notice in writing to the person or persons covered by the determination.