Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p22
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 52951–55764

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 under section 43 to a person because of an instance of possible non-compliance does not prevent another notice under that section to that person because of another instance of possible non-compliance.

"(2) The non-cancellation of a visa under section 45 despite an instance of non-compliance does not prevent the cancellation, or steps for the cancellation, of the visa because of another instance of non-compliance.

No cancellation if full disclosure

"49. If the holder of a visa who has been immigration cleared complied with sections 37, 38, 39, 40 and 41 in relation to the visa, it cannot be cancelled under this Subdivision because of any matter that was fully disclosed in so complying.

Effect of setting aside decision to cancel visa

"50.(1) If the Federal Court, the Administrative Appeals Tribunal, the Immigration Review Tribunal or the Refugee Review Tribunal, or a review officer within the meaning of Part 3, sets aside a decision under section 45 to cancel a person's visa, the visa is taken never to have been cancelled.

"(2) In spite of subsection (1), any detention of the non-citizen between the purported cancellation of the visa and the decision to set aside the decision to cancel is lawful and the non-citizen is not entitled to make any claim against the Commonwealth or an officer because of the detention.

Application of Subdivision

  "50AA.(1) This Subdivision applies to:

   (a)     applications for visas made; and

   (b)     passenger cards filled in;

on or after 1 November 1993.

  "(2) This Subdivision, other than sections 37 and 38, applies to:

     (a)     applications for visas, or entry permits, within the meaning of the Migration Act 1958 as in force before 1 November 1993, that under the regulations are taken to be applications for visas and that have not been finally determined before that date; and

   (b)     passenger cards filled in before 1 November 1993.

"(3) This Subdivision applies to a visa granted otherwise than because of an application on or after 1 November 1993 and does so as if:

   (a) this Subdivision had applied to:

       (i) the application for the visa; and

       (ii) passenger cards filled in before that date; and

    (b)     the application for any other visa, or entry permit, (within the meaning of the Migration Act 1958 as in force immediately before that date) because of which the visa is held had been the application for the visa; and

    (c)     for the purposes of sections 43 to 50, non-compliance by the holder of