Immigration Act 2009

53 Conditions on temporary entry class visas subject to restricted temporary entry instructions

• (1) On granting a temporary entry class visa subject to restricted temporary entry instructions, as an exception to those instructions, the Minister may—

  • (a) impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that type:

  • (b) vary or waive conditions that would otherwise apply to a visa of that type.

  (2) Following the grant of a temporary entry class visa subject to restricted temporary entry instructions, the Minister may, by special direction,—

  • (a) impose further conditions, whether or not the conditions are specified in temporary entry instructions in relation to a visa of that type:

  • (b) vary or cancel conditions that would otherwise apply to a visa of that type or were imposed under subsection (1).

  (3) The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder.

  (4) A condition imposed, varied, waived, or cancelled under this section—

  • (a) must be notified to the visa holder by the Minister or an immigration officer; and

  • (b) takes effect—

    • (i) from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or

    • (ii) from the date specified in the notice (being a date not earlier than the date of notification), in any other case.

  (5) To avoid doubt, subsection (2) applies whether the temporary entry class visa was granted as an exception to temporary entry instructions or otherwise.