Document ID: chunk:federal_register_of_legislation:C2024C00800:section:501:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 501 (pt 1/4)
Character Range: 1262524–1265124

501  Refusal or cancellation of visa on character grounds

Decision of Minister or delegate—natural justice applies
 (1) The Minister may refuse to grant a visa to a person if the person does not satisfy the Minister that the person passes the character test.
Note: Character test is defined by subsection (6).
 (2) The Minister may cancel a visa that has been granted to a person if:
 (a) the Minister reasonably suspects that the person does not pass the character test; and
 (b) the person does not satisfy the Minister that the person passes the character test.

Decision of Minister—natural justice does not apply
 (3) The Minister may:
 (a) refuse to grant a visa to a person; or
 (b) cancel a visa that has been granted to a person;
if:
 (c) the Minister reasonably suspects that the person does not pass the character test; and
 (d) the Minister is satisfied that the refusal or cancellation is in the national interest.
 (3A) The Minister must cancel a visa that has been granted to a person if:
 (a) the Minister is satisfied that the person does not pass the character test because of the operation of:
 (i) paragraph (6)(a) (substantial criminal record), on the basis of paragraph (7)(a), (b) or (c); or
 (ii) paragraph (6)(e) (sexually based offences involving a child); and
 (b) the person is serving a sentence of imprisonment, on a full‑time basis in a custodial institution, for an offence against a law of the Commonwealth, a State or a Territory.
 (3B) Subsection (3A) does not limit subsections (2) and (3).
 (4) The power under subsection (3) may only be exercised by the Minister personally.
 (4A) If the Minister makes a decision under subsection (3) in relation to a person, the Minister must cause notice of the making of the decision to be laid before each House of the Parliament within 15 sitting days of that House after the day the decision was made.
 (4B) Subsection (4A) does not apply if:
 (a) the decision was made on the basis that the Minister reasonably suspects the person does not pass the character test because of the operation of paragraph (6)(a), (e) or (g); or
 (b) the person was the subject of an adverse security assessment, or a qualified security assessment, under the ASIO Act when the decision was made.
 (5) The rules of natural justice, and the code of procedure set out in Subdivision AB of Division 3 of Part 2, do not apply to a decision under subsection (3) or (3A).

Character test
 (6) For the purposes of this section, a person does not pass the character test if:
 (a) the person has a substantial criminal record (as defined by subsection