Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 107

Notice of incorrect applications

             (1)  If the Minister considers that the holder of a visa who has been immigration cleared (whether or not because of that visa) did not comply with section 101, 102, 103, 104 or 105 or with subsection (2) in a response to a notice under this section, the Minister may give the holder a notice:

                     (a)  giving particulars of the possible non-compliance; and

                     (b)  stating that, within a period stated in the notice as mentioned in subsection (1A), the holder may give the Minister a written response to the notice that:

                              (i)  if the holder disputes that there was non-compliance:

                                        (A)  shows that there was compliance; and

                                        (B)  in case the Minister decides under section 108 that, in spite of the statement under sub-subparagraph (A), there was non-compliance--shows cause why the visa should not be cancelled; or

                             (ii)  if the holder accepts that there was non-compliance:

                                        (A)  give reasons for the non-compliance; and

                                        (B)  shows cause why the visa should not be cancelled; and

                     (c)  stating that the Minister will consider cancelling the visa:

                              (i)  if the holder gives the Minister oral or written notice, within the period stated as mentioned in subsection (1A), that he or she will not give a written response--when that notice is given; or

                             (ii)  if the holder gives the Minister a written response within that period--when the response is given; or

                            (iii)  otherwise--at the end of that period; and

                     (d)  setting out the effect of sections 108, 109, 111 and 112; and

                     (e)  informing the holder that the holder's obligations under section 104 or 105 are not affected by the notice under this section; and

                      (f)  requiring the holder:

                              (i)  to tell the Minister the address at which the holder is living; and

                             (ii)  if the holder changes that address before the Minister notifies the holder of the Minister's decision on whether there was non-compliance by the holder--to tell the Minister the changed address.

          (1A)  The period to be stated in the notice under subsection (1) must be:

                     (a)  in respect of the holder of a temporary visa--the period prescribed by the regulations or, if no period is prescribed, a reasonable period; or

                     (b)  otherwise--14 days.

          (1B)  Regulations prescribing a period for the purposes of paragraph (1A)(a) may prescribe different periods and state when a particular period is to apply, which, without limiting the generality of the power, may be to:

                     (a)  visas of a stated class; or

                     (b)  visa holders in stated circumstances; or

                     (c)  visa holders in a stated class of people (who may be visa holders in a particular place); or

                     (d)  visa holders in a stated class of people (who may be visa holders in a particular place) in stated circumstances.

             (2)  If the visa holder responds to the notice, he or she must do so without making any incorrect statement.



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