# Revocation or variation of residence determination

> act-s197AD — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

197AD Revocation or variation of residence determination
          (1) If the Minister thinks that it is in the public interest to do so, the
              Minister may, at any time, revoke or vary a residence
              determination in any respect (subject to subsection (2)).
               Note 1:      If a person covered by a residence determination does not comply
                            with a condition specified in the determination, the Minister may
                            (subject to the public interest test) decide to revoke the determination,
                            or to vary the determination by altering the conditions, whether by
                            omitting or amending one or more existing conditions or by adding
                            one or more additional conditions.
               Note 2:      If the Minister revokes a residence determination (without making a
                            replacement determination) and a person covered by the determination
                            is a person whom section 189 requires to be detained, the person will
                            then have to be taken into detention at a place that is covered by the
                            definition of immigration detention in subsection 5(1).

          (2) Any variation of a residence determination must be such that the
              determination, as varied, will comply with subsections 197AB(1)
              and (2).
          (3) A revocation or variation of a residence determination must be
              made by notice in writing to the person or persons covered by the
              determination.