Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 133B

Other provisions relating to the exercise of powers in section 133A

             (1)  Subject to subsection (2), the possible non-compliances that can constitute a ground for the cancellation of a visa under subsection 133A(1) or (3) include non-compliances that occurred at any time (whether before or after the commencement of this section), including non-compliances in respect of any previous visa held by the person.

             (2)  Section 115 (application of Subdivision C) applies in relation to section 133A in the same way that it applies in relation to Subdivision C.

             (3)  To avoid doubt, subsections 133A(1) and (3) apply:

                     (a)  whether or not the Minister became aware of the ground for cancelling the visa because of information given by the visa holder; and

                     (b)  whether the non-compliance because of which the ground is considered to exist was deliberate or inadvertent.

             (4)  Steps taken for the purposes of the Minister exercising the power in subsection 133A(1) or (3) in relation to an instance of possible non-compliance by a person do not prevent:

                     (a)  a notice under section 107 being given to that person because of another instance of possible non-compliance; or

                     (b)  the exercise of the power in subsection 133A(1) or (3) in relation to the person because of another instance of possible non-compliance.

             (5)  The non-cancellation of a visa under section 133A 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.



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