Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION ACT 1958 - SECT 140HA

Sponsorship obligations--Minister's responsibility

             (1)  Subject to subsection (2), the Minister must take all reasonable steps to ensure that regulations made under section 504 for the purposes of subsection 140H(1) include obligations in relation to the following matters to the extent they relate to a person who is or was an approved work sponsor:

                     (a)  paying a market salary rate (however described) to a visa holder;

                     (b)  paying prescribed costs to the Commonwealth in relation to locating a former visa holder, and removing a former visa holder from Australia;

                     (c)  paying prescribed costs of the departure of a visa holder (or a former visa holder) from Australia;

                     (d)  complying with prescribed requirements to keep information, and provide information to the Minister;

                     (e)  notifying the Department of prescribed changes in the circumstances of the person, a visa holder or a former visa holder;

                      (f)  cooperating with the exercise of powers under or for the purposes of Subdivision F (which deals with inspector powers);

                     (g)  ensuring that a visa holder participates in an occupation, program or activity nominated by the person (including by preventing the on-hire of a visa holder);

                     (h)  requiring the person not to transfer, charge or recover prescribed costs;

                      (i)  requiring the person to meet prescribed training requirements.

             (2)  For any particular matter mentioned in subsection (1), the Minister must take all reasonable steps to ensure that the obligations in the relevant regulations apply in relation to:

                     (a)  all approved work sponsors or former approved work sponsors; or

                     (b)  a specified class (or classes) of approved work sponsors or former approved work sponsors, and not to all approved work sponsors or former approved work sponsors.

          (2A)  Subject to subsection (2B), the Minister must take all reasonable steps to ensure that regulations made under section 504 for the purposes of subsection 140H(1) include obligations in relation to the following matters to the extent they relate to a person who is or was an approved family sponsor:

                    (aa)  paying prescribed medical, hospital, aged care or other health-related expenses incurred by a visa holder or a former visa holder;

                     (a)  complying with prescribed requirements to keep information and provide information to the Minister;

                     (b)  notifying the Minister of prescribed changes in the circumstances of the person, a visa holder or a former visa holder.

          (2B)  For any particular matter mentioned in subsection (2A), the Minister must take all reasonable steps to ensure that the obligations in the relevant regulations apply in relation to:

                     (a)  all approved family sponsors or former approved family sponsors; or

                     (b)  a specified class (or classes) of approved family sponsors or former approved family sponsors.

             (3)  Subsections (1) and (2A) do not limit the sponsorship obligations that may be prescribed for the purposes of subsection 140H(1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback