# Non-complying students may have their visas automatically cancelled

> act-s137J — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

137J Non-complying students may have their visas automatically
         cancelled
          (1) This section applies if a notice is sent to a non-citizen under
              section 20 of the Education Services for Overseas Students Act
              2000 in relation to a visa held by the non-citizen (even if the
              non-citizen never receives the notice).
               Note 1:      Under that section, a registered education provider must send a notice
                            to a non-citizen who breaches a condition of the non-citizen’s visa that
                            is prescribed by regulations made for the purposes of that Act. The
                            notice must give particulars of the breach and must require the
                            non-citizen to attend before an officer for the purpose of making any
                            submissions about the breach and the circumstances that led to the
                            breach.
               Note 2:      Under subsection 20(4A) of that Act, a registered provider must not
                            send a notice on or after the day that subsection commences.










          (2) The non-citizen’s visa is cancelled by force of this section at the
              end of the 28th day after the day that the notice specifies as the
              date of the notice unless, before the end of that 28th day:
                (a) the non-citizen complies with the notice; or
               (b) the non-citizen, while attending in person at an office of
                    Immigration (within the meaning of the regulations) that is
                    either:
                      (i) in Australia; or
                     (ii) approved for the purposes of this paragraph by the
                          Minister by notice in the Gazette;
                    makes himself or herself available to an officer for the stated
                    purpose of making any submissions about the breach and the
                    circumstances that led to the breach.