Document ID: chunk:federal_register_of_legislation:C2024C00800:section:133c:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 133C (pt 2/2)
Character Range: 338936–339846

the ground.
 (6) If a decision was made as mentioned in paragraph (5)(c), the power under subsection (3) to cancel a visa is a power to set aside that decision and cancel the visa.

Minister's exercise of power
 (7) The power in subsection (1) or (3) may only be exercised by the Minister personally.
 (8) The Minister does not have a duty to consider whether to exercise the power in subsection (1) or (3), whether or not the Minister is requested to do so, or in any other circumstances.
 (9) Section 117 applies in relation to the power in subsection (1) or (3) in the same way as it applies to the cancellation of a visa under section 116.
 (10) Subsection 138(4) does not prevent the Minister setting aside a decision of the ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal or a delegate and cancelling a visa in accordance with this section.