Commonwealth Consolidated Acts Commonwealth Consolidated ActsMandatory cancellation
(1) The Minister must, in writing, cancel a foreign work authorisation granted to an individual if:
(a) the Minister reasonably believes, as a result of a change in circumstances, that the individual's performance of work or provision of training, as specified in the authorisation, would prejudice the security, defence or international relations of Australia; or
(b) the individual requests the Minister to cancel the authorisation.
(2) The Minister is not required to observe any requirements of the natural justice hearing rule in relation to cancelling a foreign work authorisation under subsection (1).
Discretionary cancellation
(3) The Minister may, in writing, cancel 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) the individual knowingly provided information or a document that was false or misleading in a material particular:
(i) in making the request for the authorisation; or
(ii) in making a request for a variation of the authorisation; or
(iii) in providing a written statement in response to a notice of a proposed decision in relation to the authorisation; or
(c) it would be appropriate in all the circumstances to cancel the authorisation.
Note: The Minister must give the individual written notice before cancelling the authorisation under this subsection (see section 115J).
Notice
(4) The Minister must give written notice to the individual of the cancellation of the authorisation as soon as reasonably practicable after making the decision.
(5) The notice must:
(a) include the reasons for the decision; and
(b) specify the day the cancellation takes effect (which must not be 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.