Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 104(1)
After "must", insert ", as soon as practicable,".
2 Subsection 105(1)
After "must", insert ", as soon as practicable,".
3 Paragraph 107(1)(b)
Omit "14 days", substitute "a period stated in the notice as mentioned in subsection (1A)".
4 Subparagraphs 107(1)(c)(i), (ii) and (iii)
Repeal the subparagraphs, substitute:
(i) if the holder gives the Minister oral or written notice, within the period stated as mentioned in subsection (1A), 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 that period--when the response is given; or
(iii) otherwise--at the end of that period; and
5 At the end of subsection 107(1)
Add:
; and (f) requiring the holder:
(i) to tell the Minister the address at which the holder is living; and
(ii) if the holder changes that address before the Minister notifies the holder of the Minister's decision on whether there was non - compliance by the holder--to tell the Minister the changed address.
6 After subsection 107(1)
Insert:
(1A) The period to be stated in the notice under subsection (1) must be:
(a) in respect of the holder of a temporary visa--the period prescribed by the regulations or, if no period is prescribed, a reasonable period; or
(b) otherwise--14 days.
(1B) Regulations prescribing a period for the purposes of paragraph (1A)(a) may prescribe different periods and state when a particular period is to apply, which, without limiting the generality of the power, may be to:
(a) visas of a stated class; or
(b) visa holders in stated circumstances; or
(c) visa holders in a stated class of people (who may be visa holders in a particular place); or
(d) visa holders in a stated class of people (who may be visa holders in a particular place) in stated circumstances.
7 After section 107
Insert:
The possible non - compliances that:
(a) may be specified in a notice by the Minister under section 107 to a person who is the holder of a visa; and
(b) if so specified, can constitute a ground for the cancellation of that visa under section 109;
include non - compliances that occurred at any time, including non - compliances in respect of any previous visa held by the person.
8 Paragraph 127(2)(b)
Omit "if", substitute "state whether".
9 Paragraph 128(b)
Omit "has not entered", substitute "is outside".
10 Subsection 160(2)
After "justice", insert "entry".
11 After subsection 235(4)
Insert:
(4A) Subsection (4) does not apply to a non - citizen who holds a criminal justice stay visa, but this subsection does not affect the operation of subsection (1).
Note: The heading to section 253 is replaced by the heading " Detention of deportee ".