Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor subsection 140J (2) of the Act:
(a) the circumstances in which the Minister may take one or more of the actions mentioned in paragraphs 140L (a), (c), (d), (e), (f) or (g) of the Act; and
(b) the criteria to be taken into account by the Minister in determining what action to take under those paragraphs;
are set out in the following table.
Note As well as barring a sponsor, this regulation deals with cancelling approval as a sponsor, other than as a business sponsor (as defined in section 137A of the Act). In accordance with subsections 140J (5) and 140K (5) of the Act, the cancellation of approval of a business sponsor is dealt with by Subdivision GA of Division 3 of Part 2 of the Act.
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Item |
The action set out in |
May be taken in these circumstances |
Taking these criteria into account |
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1 |
Paragraph 140L (a), (c), (d) , (e) or (f) of the Act |
An undertaking has been breached by the standard business sponsor (or former standard business sponsor against whom the undertaking remains enforceable) |
Both of the following: (a) the severity of the breach of the undertaking; (b) the past conduct of the standard business sponsor |
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2 |
Paragraph 140L (g) of the Act |
An undertaking has been breached by the standard business sponsor (or former standard business sponsor against whom the undertaking remains enforceable) |
Each of the following: (a) whether the sponsor has been given a notice stating that the Minister is considering taking action under section 137B or paragraph 140L (a), (c), (d), (e) or (f) of the Act; |
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(b) if the sponsor has not been given a notice of that kind -- the severity of the breach of the undertaking; |
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(c) if the sponsor has not been given a notice of that kind -- the past conduct of the standard business sponsor |