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MIGRATION LEGISLATION AMENDMENT (INTREGITY OF REGIONAL MIGRATION SCHEMES) ACT 2001 NO. 33, 2001 - SCHEDULE 1

-- Amendments

Migration Act 1958

1 Subparagraph 48(1)(b)(ii)

Omit "or 137J (student visas)", substitute ", 137J (student visas) or 137Q (regional sponsored employment visas)".

2 After paragraph 118(d)

Insert:

(da)
section 137Q (cancellation of regional sponsored employment visas); or

3 Before Subdivision H of Division 3 of Part 2

Insert:

Subdivision GC—Cancellation of regional sponsored employment visas

137Q Cancellation of regional sponsored employment visas

Employment does not commence

(1) The Minister may cancel a regional sponsored employment visa held by a person if:

(a)
the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and

(b)
the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.

Employment terminates within 2 years

(2) The Minister may cancel a regional sponsored employment visa held by a person if:

(a)
the Minister is satisfied that:

(i)
the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and
(ii)
the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; and
(b)
the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

Regional sponsored employment visa

(3) In this section:

regional sponsored employment visa means a visa of a kind that:

(a)
is included in a class of visas that has the words "Employer Nomination" in its title; and

(b)
is prescribed by the regulations for the purposes of this definition.

(1) Before cancelling a person's visa under section 137Q, the Minister must give the person a written notice:

(a)
stating that the Minister proposes to cancel the visa; and

(b)
inviting the person to make representations to the Minister concerning the proposed cancellation within:

(i)
if the notice is given in Australia—28 days after the notice is given; or
(ii)
if the notice is given outside Australia—70 days after the notice is given.

(2) The Minister must consider any representations received within that period.

(3) If the Minister decides not to proceed with the cancellation, the Minister must give the person written notice of the decision.

(1) If the Minister decides to cancel a person's visa under section 137Q, he or she must give the person written notice of the decision. The notice must:

(a)
specify the reasons for the cancellation; and

(b)
state whether or not the decision to cancel the visa is reviewable under Part 5; and

(c)
if the decision to cancel the visa is reviewable under Part 5—state the period within which an application for review can be made, who can apply for the review and where the application for review can be made.

(2) Failure to give notice of the decision does not affect the validity of the decision.

(1) If a person's visa is cancelled under section 137Q, a visa held by another person because of being a member of the family unit of the person is also cancelled.

(2) The cancellation under subsection (1) of this section is set aside if the cancellation of the person's visa under section 137Q is set aside under Part 5.

(3) In this section:

member of the family unit has the meaning given by the regulations.

4 Section 137S

Repeal the section, substitute:

(1) If the Minister decides to cancel a person's visa under section 137Q, he or she must give the person written notice of the decision. The notice must specify the reasons for the cancellation.

Note: If the decision is reviewable under Part 5, notification of the decision must include information about review rights: see section 340.

(2) Failure to give notice of the decision does not affect the validity of the decision.


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