Commonwealth Consolidated Acts

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

MIGRATION ACT 1958 - SECT 245AS

Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship-related event

             (1)  A person (the first person ) contravenes this subsection if:

                     (a)  the first person offers to provide, or provides, a benefit to another person (the second person ); and

                     (b)  the first person offers to provide, or provides, the benefit in return for the occurrence of a sponsorship-related event.

Civil penalty:          240 penalty units.

             (2)  To avoid doubt, the first person contravenes subsection (1) even if the sponsorship-related event does not occur.

             (3)  Subsection (1) does not apply if the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the second person or a third person.

             (4)  A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.

Note:          It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section 486ZF).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback