MIGRATION ACT 1958 - SECT 140K Sanctions for failing to satisfy sponsorship obligations

MIGRATION ACT 1958 - SECT 140K

Actions that may be taken in relation to approved sponsors

  (1)   If a person is an approved sponsor and fails to satisfy an applicable sponsorship obligation, one or more of the following actions may be taken:

  (a)   the Minister may do one or more of the following:

  (i)   if regulations are prescribed under section   140L, bar the sponsor under subsection   140M(1) from doing certain things;

  (ii)   if regulations are prescribed under section   140L, cancel the person's approval as a work sponsor or family sponsor under subsection   140M(1);

  (iii)   apply for a civil penalty order;

  (iv)   accept an undertaking under section   114 of the Regulatory Powers Act, for the purposes of this Subdivision from the person;

  (v)   if the Minister considers that the person has breached such an undertaking--apply for an order under section   115 of the Regulatory Powers Act, for the purposes of this Subdivision;

  (b)   the person may be issued with an infringement notice under regulations made for the purposes of section   506A as an alternative to proceedings for a civil penalty order;

  (c)   an authorized officer may require and take a security under section   269 or enforce a security already taken under that section.

Actions that may be taken in relation to former approved sponsors

  (2)   If a person was an approved sponsor and fails to satisfy an applicable sponsorship obligation, one or more of the following actions may be taken:

  (a)   the Minister may do one or more of the following:

  (i)   if regulations are prescribed under section   140L, bar the person under subsection   140M(2) from making future applications for approval as a work sponsor or family sponsor;

  (ii)   apply for a civil penalty order;

  (iii)   accept an undertaking under section   114 of the Regulatory Powers Act, for the purposes of this Subdivision from the person;

  (iv)   if the Minister considers that the person has breached such an undertaking--apply for an order under section   115 of the Regulatory Powers Act, for the purposes of this Subdivision;

  (b)   the person may be issued with an infringement notice under regulations made for the purposes of section   506A as an alternative to proceedings for a civil penalty order;

  (c)   an authorized officer may require and take a security under section   269 or enforce a security already taken under that section.

  (3)   To avoid doubt, subsections   (1) and (2) do not limit the circumstances in which:

  (a)   the Minister may:

  (i)   bar an approved sponsor under section   140M from doing certain things; or

  (ii)   cancel a person's approval as a work sponsor or family sponsor under section   140M; or

  (b)   an authorized officer may require and take a security under section   269 or enforce a security already taken under that section.

Publishing information about sanctions

  (4)   The Minister must, subject to subsection   (7), publish the information (including personal information) prescribed by the regulations if an action is taken under this section in relation to an approved sponsor or former approved sponsor who fails to satisfy an applicable sponsorship obligation.

  (5)   The Minister is not required to observe any requirements of the natural justice hearing rule in publishing information under subsection   (4).

  (6)   No civil liability arises from action taken by the Minister in good faith in publishing information under subsection   (4).

  (7)   The regulations may prescribe circumstances in which the Minister is not required to publish information under subsection   (4).