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MIGRATION ACT 1958 - SECT 245AS Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship - related event

MIGRATION ACT 1958 - SECT 245AS

Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship - related event

  (1)   A person (the first person ) contravenes this subsection if:

  (a)   the first person offers to provide, or provides, a benefit to another person (the second person ); and

  (b)   the first person offers to provide, or provides, the benefit in return for the occurrence of a sponsorship - related event.

Civil penalty:   240 penalty units.

  (2)   To avoid doubt, the first person contravenes subsection   (1) even if the sponsorship - related event does not occur.

  (3)   Subsection   (1) does not apply if the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the second person or a third person.

  (4)   A person who wishes to rely on subsection   (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.

Note:   It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section   486ZF).

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