Commonwealth Numbered Acts

MIGRATION LEGISLATION AMENDMENT ACT 1994 No. 60, 1994 - SECT 41

41. Section 43 of the Principal Act is amended:
(a) by omitting from paragraph (1)(b) "officer" and substituting

"Minister";

   (b)  by omitting subparagraphs (1)(b)(i) and (ii) and substituting the
        following subparagraphs:

"(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 44 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)  by omitting paragraph (1)(c) and substituting the following paragraph:

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

        (i)    if the holder gives the Minister oral or written notice, within
               the 14 days mentioned in paragraph (b), 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
               those 14 days-when that response is given; or

        (iii)  in any other case-at the end of those 14 days; and".