MIGRATION ACT 1958 - SECT 486S Additional rules relating to the sponsorship civil penalty provisions

MIGRATION ACT 1958 - SECT 486S

  (1)   This section applies if an application for a civil penalty order against a person is made to an eligible court in relation to an alleged contravention of a civil penalty provision in Division   3A of Part   2.

Engaging in similar conduct

  (2)   For the purposes of subsection   486R(6), the person is taken to have engaged in similar conduct if the person has failed to satisfy a sponsorship obligation that is different from the sponsorship obligation to which the application relates.

  (3)   Subsection   (2) does not limit the circumstances in which a person may be found to have engaged in similar conduct.

Order to pay a required amount

  (4)   If, when determining the application, it appears to the eligible court that:

  (a)   an amount of a kind prescribed in the regulations made for purposes of subsection   140S(1) is required to be paid by the person to the Commonwealth, a State or Territory or another person; and

  (b)   the amount remains unpaid after the time for payment; and

  (c)   proceedings to recover the amount have not been brought under section   140S;

the court may order that the amount be paid to the Commonwealth, State, Territory or other person (as the case may be).

Note:   Section   140S allows a person to bring proceedings to recover an amount owed if the eligible court does not make an order under this subsection.

  (5)   If the eligible court makes an order under subsection   (4):

  (a)   an application may be made under subsection   140SA(1), and an order made under subsection   140SA(2), as if proceedings for a civil penalty order were proceedings under section   140S; and

  (b)   section   140SB applies as if the amount ordered to be paid under subsection   (4) of this section were a judgement debt under a judgement of an eligible court under section   140S.