# Notice of incorrect applications

> act-s107 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

107 Notice of incorrect applications
          (1) If the Minister considers that the holder of a visa who has been
              immigration cleared (whether or not because of that visa) did not
              comply with section 101, 102, 103, 104 or 105 or with
              subsection (2) in a response to a notice under this section, the
              Minister may give the holder a written notice:
                (a) giving particulars of the possible non-compliance; and
                (b) stating that, within a period stated in the notice as mentioned
                     in subsection (1A), the holder may give the Minister a
                     written response to the notice that:
                       (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 108
                                    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) stating that the Minister will consider cancelling the visa:
                       (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
                (d) setting out the effect of sections 108, 109, 111 and 112; and
                (e) informing the holder that the holder’s obligations under
                     section 104 or 105 are not affected by the notice under this
                     section; 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.
        (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.
        (1C) The notice under subsection (1) must be given in the prescribed
             way.
          (2) If the visa holder responds to the notice, he or she must do so
              without making any incorrect statement.