Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor subsection 140R (1) of the Act, the penalty to be paid as an alternative to the Minister applying to a Court for an order that a pecuniary penalty be paid for a contravention of subsection 140Q (1), 140Q (2), 140XE (3) or 140XF (3) of the Act is:
(a) if the person has previously been issued an infringement notice for an alleged contravention of a civil penalty provision, or has been ordered by a Court to pay a pecuniary penalty for contravention of a civil penalty provision:
(i) in the case of a natural person -- 12 penalty units; or
(ii) in the case of a body corporate -- 60 penalty units; or
(b) if paragraph (a) does not apply to the person:
(i) in the case of a natural person -- 6 penalty units; or
(ii) in the case of a body corporate -- 30 penalty units.
Note 1 Subsections 140Q (1) and (2) of the Act are civil penalty provisions that are contravened if an approved sponsor or a former approved sponsor fails to satisfy a sponsorship obligation.
Note 2 Subsection 140XE (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a requirement to:
(a) tell an inspector the person's name and address if the inspector reasonably believes that the person has contravened a civil penalty provision; or
(b) give evidence of the correctness of the person's name and address if the inspector reasonably believes that the name or address provided by the person is false.
Note 3 Subsection 140XF (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a notice to produce a record or document to an inspector.
[24] Subregulation 5.21 (1), definition of prescribed penalty
substitute
prescribed penalty means:
(a) in relation to an offence -- the penalty prescribed by regulation 5.20 for the offence; or
(b) in relation to a civil penalty provision -- the penalty prescribed by regulation 5.20A for a contravention of the civil penalty provision.
[25] Subregulation 5.21 (1), note
substitute
Note 1 Section 137 of the Act permits the Secretary to require information from the holder of a business visa.
Subsections 140Q (1) and (2) of the Act are civil penalty provisions that are contravened if an approved sponsor or a former approved sponsor fails to satisfy a sponsorship obligation.
Subsection 140XE (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a requirement to:
(a) tell an inspector the person's name and address if the inspector reasonably believes that the person has contravened a civil penalty provision; or
(b) give evidence of the correctness of the person's name and address if the inspector reasonably believes that the name or address provided by the person is false.
Subsection 140XF (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a notice to produce a record or document to an inspector.
Section 229 of the Act prohibits the carrying of persons to Australia without visas.
Section 230 of the Act makes it an offence to have an unlawful non-citizen concealed on a vessel entering Australia.
Subsection 245L (2) of the Act establishes an obligation on an operator of an aircraft or ship to report to the Department about passengers and crew prior to their arrival in Australia.
Subsection 245N (2) of the Act makes it an offence for an operator of an aircraft or ship to contravene subsection 245L (2).
Note 2 civil penalty provision is defined in subsection 5 (1) of the Act.
[28] Regulation 5.22
Substitute