# Minister must have regard to certain matters in considering cancellation of certain temporary visas for breach of visa condition

> reg-2.43A — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.43A Minister must have regard to certain matters in considering cancellation
         of certain temporary visas for breach of visa condition
          (1) This regulation applies in relation to a visa if:
               (a) the visa is a temporary visa other than:
                      (i) a criminal justice visa; or
                     (ii) an enforcement visa; and
               (b) the Minister is satisfied that the visa holder has not complied with a
                    particular condition (the relevant condition) to which the holder’s visa is
                    subject; and
               (c) regulation 2.43B does not apply in relation to the visa.
          (2) For the purposes of paragraph 116(1A)(a) of the Act, the Minister must have
              regard to the following matters in determining whether the Minister is satisfied
              as mentioned in paragraph 116(1)(b) of the Act:
                (a) any written certificate issued by a certifying entity that is a government
                    entity if the certificate:
                      (i) was issued in relation to the visa holder in respect of a workplace
                          exploitation matter; and
                     (ii) sets out the matters agreed to by Immigration and the government
                          entity;
                (b) any written certificate issued by a certifying entity that is not a government
                    entity and that states that the entity considers that:
                      (i) there is prima facie evidence that the visa holder has been affected by
                          a workplace exploitation matter; and
                     (ii) if any law limits the time within which a proceeding may be
                          instituted, or a complaint made, in relation to the workplace
                          exploitation matter—that time has not expired; and
                    (iii) there is a connection between the circumstances relating to the breach
                          of the relevant condition and the workplace exploitation matter by
                          which the visa holder has been affected;
                (c) whether there is a connection between the circumstances relating to the
                    breach of the relevant condition and the workplace exploitation matter to
                    which a certificate mentioned in paragraph (a) or (b) relates;
                (d) whether there is any evidence that the visa holder was not complying, or is
                    no longer seeking to comply, with the purpose of the visa;







                  (e) whether the visa holder has committed, in writing, to do both of the
                      following:
                        (i) to take action, in a timely manner, to resolve the workplace
                            exploitation matter to which a certificate mentioned in paragraph (a)
                            or (b) relates;
                       (ii) to comply in future with the visa conditions to which the holder’s visa
                            is subject;
                  (f) whether the visa holder has failed to comply with a commitment of a kind
                      mentioned in paragraph (e) of this subregulation, or paragraph 2.43B(2)(d),
                      (3)(d) or (4)(d), that the visa holder has previously given in relation to the
                      visa.
          (3) Subregulation (2) does not limit, or otherwise affect, a power or duty of the
              Minister to cancel the visa under:
               (a) paragraph 116(1)(b) of the Act for non-compliance with a condition (other
                   than the relevant condition) to which the visa holder’s visa is subject; or
               (b) a provision other than paragraph 116(1)(b) of the Act.
               Note:      For example, see subregulation 2.43(2) for the circumstances in which the Minister
                          must cancel a visa.