Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor subsection 140K (1) of the Act:
(a) the circumstances in which the Minister may take one or more of the actions mentioned in section 140L of the Act; and
(b) the criteria to be taken into account by the Minister in determining what action to take under that section;
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.
|
Item |
The action is set out in |
May be taken in these circumstances |
Taking these criteria into account |
|
1 |
Paragraph 140L (a), (c), (d) , (e) or (f) of the Act |
The Minister is satisfied that the standard business sponsor: (a) has failed to continue to satisfy the requirements of the sponsorship; or (b) has given false information in relation to the sponsorship; or |
Both of the following: (a) the significance of any false information provided; (b) the past conduct of the standard business sponsor |
|
|
|
(c) has given false information in relation to the assessment of the applicant's compliance with the Act and these Regulations in relation to the applicant's approval; or |
|
|
|
|
(d) has given false information in relation to the assessment of the sponsored person's compliance with the conditions to which the person's Subclass 457 (Business (Long Stay)) visa is subject |
|
|
2 |
Paragraph 140L (g) of the Act |
The Minister is satisfied that the standard business sponsor: (a) has failed to continue to satisfy the requirements of the sponsorship; or (b) has given false information in relation to the sponsorship; or (c) has given false information in relation to the assessment of the |
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; |
|
|
|
applicant's compliance with the Act and these Regulations in relation to the applicant's approval; or (d) has given false information in relation to the assessment of the sponsored person's compliance with the conditions to which the person's Subclass 457 (Business (Long Stay)) visa is subject |
(b) if the sponsor has not been given a notice of that kind -- the significance of any false information provided; (c) if the sponsor has not been given a notice of that kind -- the past conduct of the standard business sponsor |