Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies in relation to a visa if:
(a) the visa is a temporary visa other than:
(i) a criminal justice visa; or
(ii) an enforcement visa; and
(b) the Minister is satisfied that the visa holder has not complied with a particular condition (the relevant condition ) to which the holder's visa is subject; and
(c) regulation 2.43B does not apply in relation to the visa.
(2) For the purposes of paragraph 116(1A)(a) of the Act, the Minister must have regard to the following matters in determining whether the Minister is satisfied as mentioned in paragraph 116(1)(b) of the Act:
(a) any written certificate issued by a certifying entity that is a government entity if the certificate:
(i) was issued in relation to the visa holder in respect of a workplace exploitation matter; and
(ii) sets out the matters agreed to by Immigration and the government entity;
(b) any written certificate issued by a certifying entity that is not a government entity and that states that the entity considers that:
(i) there is prima facie evidence that the visa holder has been affected by a workplace exploitation matter; and
(ii) if any law limits the time within which a proceeding may be instituted, or a complaint made, in relation to the workplace exploitation matter--that time has not expired; and
(iii) there is a connection between the circumstances relating to the breach of the relevant condition and the workplace exploitation matter by which the visa holder has been affected;
(c) whether there is a connection between the circumstances relating to the breach of the relevant condition and the workplace exploitation matter to which a certificate mentioned in paragraph (a) or (b) relates;
(d) whether there is any evidence that the visa holder was not complying, or is no longer seeking to comply, with the purpose of the visa;
(e) whether the visa holder has committed, in writing, to do both of the following:
(i) to take action, in a timely manner, to resolve the workplace exploitation matter to which a certificate mentioned in paragraph (a) or (b) relates;
(ii) to comply in future with the visa conditions to which the holder's visa is subject;
(f) whether the visa holder has failed to comply with a commitment of a kind mentioned in paragraph (e) of this subregulation, or paragraph 2.43B(2)(d), (3)(d) or (4)(d), that the visa holder has previously given in relation to the visa.
(3) Subregulation (2) does not limit, or otherwise affect, a power or duty of the Minister to cancel the visa under:
(a) paragraph 116(1)(b) of the Act for non - compliance with a condition (other than the relevant condition) to which the visa holder's visa is subject; or
(b) a provision other than paragraph 116(1)(b) of the Act.
Note: For example, see subregulation 2.43(2) for the circumstances in which the Minister must cancel a visa.