Section 41 — Conditions on visas
Text of provision
(1) The regulations may provide that visas, or visas of a specified class, are subject to specified conditions. General rules about conditions
(2) Without limiting subsection (1), the regulations may provide that a visa, or visas of a specified class, are subject to:
(a) a condition that, despite anything else in this Act, the holder of the visa will not, after entering Australia, be entitled to be granted a substantive visa (other than a protection visa, or a Migration Act 1958 89 Part 2 Arrival, presence and departure of persons Division 3 Visas for non-citizens temporary visa of a specified kind) while he or she remains in Australia; or
(b) a condition imposing restrictions about the work that may be done in Australia by the holder, which, without limiting the generality of this paragraph, may be restrictions on doing:
(i) any work; or
(ii) work other than specified work; or
(iii) work of a specified kind.
(2A) The Minister may, in prescribed circumstances, by writing, waive a condition of a kind described in paragraph (2)(a) to which a particular visa is subject under regulations made for the purposes of that paragraph or under subsection (3). Conditions about offshore resources activity
(2B) In addition to any restrictions applying because of regulations made for the purposes of paragraph (2)(b), a condition of a visa that allows the holder of the visa to work is not taken to allow the holder to participate in, or support, an offshore resources activity in relation to any area unless the visa is:
(a) a permanent visa; or
(b) a visa prescribed by the regulations for the purposes of this subsection.
Note: For offshore resources activity, see subsection 9A(5).
(2C) To avoid doubt, for the purposes of subsection (2B), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:
(a) is on an Australian resources installation in the area; or
(b) is, under section 9A, otherwise in the area to participate in, or support, the activity. Additional conditions
(3) In addition to any conditions specified under subsection (1), or in subsection (2B), the Minister may specify that a visa is subject to such conditions as are permitted by the regulations for the purposes of this subsection.
Plain English
Section 41 authorises visas to be granted subject to conditions. Conditions may be prescribed by the regulations for a particular class of visa, or imposed by an officer on a case-by-case basis.
Section 41(2) specifies that a visa may be granted subject to conditions that limit the holder's right to work, study, or do other things in Australia. Section 41(2A) provides for "no further stay" conditions that prevent the holder from applying for another visa while in Australia.
Practical effect
Visa conditions are set out in Schedule 8 to the Migration Regulations. Each condition has a number (e.g., Condition 8101 — "must not work", Condition 8501 — "must maintain adequate health insurance for OSHC") and attaches to specific visa classes by default or by officer imposition.
Breach of a visa condition is a ground for visa cancellation under s 116. Certain breaches also give rise to obligations on the holder to depart or apply for another visa within a specified period.