Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 115F

Suspension

  (1)   The Minister may, in writing, suspend a foreign work authorisation granted to an individual if the Minister is satisfied that:

  (a)   the individual has contravened a condition specified in the authorisation; or

  (b)   it would be appropriate in all the circumstances to suspend the authorisation.

Note:   The Minister must give the individual written notice before suspending the authorisation (see section   115J).

  (2)   The Minister must give written notice to the individual of the suspension of the authorisation as soon as reasonably practicable after making the decision.

  (3)   The notice must:

  (a)   include the reasons for the decision; and

  (b)   specify the period of suspension (which must not start earlier than the day after the notice is given to the individual); and

  (c)   set out the individual's review rights under sections   115K and 115L.

Note:   Section   115M deals with disclosing reasons for decisions.

  (4)   A foreign work authorisation granted to an individual is not in force while suspended, but the period specified in the authorisation continues to run despite the suspension.

  (5)   The suspension of a foreign work authorisation under this section does not prevent the Minister from cancelling it under section   115E or varying it under section   115G or 115H.

Lifting of suspension

  (6)   If a foreign work authorisation granted to an individual is suspended under this section, the Minister may lift the suspension by written notice given to the individual if the Minister is satisfied that it would be appropriate in all the circumstances to do so.

  (7)   The notice must specify the day the suspension is lifted.