Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 1.13A

Meaning of adverse information

             (1)  Adverse information about a person is any adverse information relevant to the person's suitability as:

                     (a)  an approved sponsor; or

                     (b)  a nominator (within the meaning of regulation 5.19).

             (2)  Without limiting subregulation (1), adverse information about a person includes information that the person:

                     (a)  has contravened a law of the Commonwealth, a State or a Territory; or

                     (b)  is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or

                     (c)  has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or

                     (d)  has become insolvent (within the meaning of section 95A of the Corporations Act 2001 ); or

                     (e)  has given, or caused to be given, to the Minister, an officer, the Tribunal or an assessing authority a bogus document, or information that is false or misleading in a material particular.

             (3)  Nothing in this regulation affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

             (4)  In this regulation:

"information that is false or misleading in a material particular " means information that is:

                     (a)  false or misleading at the time it is given; and

                     (b)  relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.

Note:          For the definition of bogus document , see subsection 5(1) of the Act.



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