Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.103

Disclosure of personal information by Minister--approved work sponsors etc.

Information about visa holders or former visa holders

  (1)   For the purposes of subsection   140ZH(1) of the Act, the kinds of information about a holder, or former holder, of a visa of a kind mentioned in subregulation   (2A) that may be disclosed by the Minister in accordance with that subsection are:

  (a)   information relating to a failure to comply with a visa condition; and

  (b)   information about the immigration status of the visa holder or former visa holder; and

  (c)   information about the terms and conditions of employment of the visa holder or former visa holder; and

  (d)   information about costs incurred by the Commonwealth in relation to the visa holder or former visa holder; and

  (e)   information about an allegation made by the visa holder or former visa holder   (or presumed to be made by the visa holder or former visa holder) that:

  (i)   an approved work sponsor, or a former approved work sponsor, of the visa holder or former visa holder has failed to satisfy a sponsorship obligation under Subdivision   2.19.1 (which deals with sponsorship obligations of approved work sponsors etc.); or

  (ii)   a circumstance prescribed under section   140L of the Act may exist in relation to an approved work sponsor, or former approved work sponsor, of the visa holder or former visa holder; and

  (f)   information about a debt, relating to the visa holder or former visa holder, owed by an approved work sponsor or former approved work sponsor.

Information about approved work sponsors or former approved work sponsors

  (2)   For the purposes of subsection   140ZH(1) of the Act, the kinds of information about an approved work sponsor, or former approved work sponsor, of a holder or former holder of a visa of a kind mentioned in subregulation   (2A) that may be disclosed by the Minister in accordance with that subsection are:

  (a)   information relating to a failure, or a possible failure, to satisfy a sponsorship obligation prescribed under subsection   140H(1) of the Act; and

  (b)   information that a circumstance prescribed under section   140L of the Act may exist; and

  (c)   information about a warning given in relation to the possible existence of a circumstance prescribed under section   140L of the Act; and

  (d)   information about an action taken under section   140M of the Act; and

  (e)   information about a pecuniary penalty imposed for a contravention of section   140Q of the Act; and

  (f)   information about a warning given in relation to a possible contravention of section   140Q of the Act; and

  (g)   information about an infringement notice issued under section   506A of the Act; and

  (h)   information about the outcome of monitoring by an inspector exercising powers under Subdivision F of Division   3A of Part   2 of the Act; and

  (i)   information provided to the Minister in accordance with regulation   2.83; and

  (j)   information provided to Immigration in accordance with regulation   2.84; and

  (k)   information relevant to the performance of a function by a Commonwealth, State or Territory agency of a kind mentioned in subregulation   (3).

Note:   Regulation   2.83 prescribes a sponsorship obligation to provide records and information to the inister. Regulation   2.84 prescribes a sponsorship obligation to provide information to Immigration when certain events occur.

Prescribed visas

  (2A)   For the purposes of column 2 of items   1 and 2 of the table in subsection   140ZH(1) of the Act, the kinds of visa mentioned in regulation   2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa) are prescribed.

Prescribed agencies

  (3)   For the purposes of column 3 of items   1 and 2 of the table in subsection   140ZH(1) of the Act, a Commonwealth, State or Territory agency responsible for the regulation of one or more of the following matters is prescribed:

  (a)   education;

  (b)   fair trading;

  (c)   health;

  (d)   industrial relations;

  (e)   law enforcement;

  (f)   public safety;

  (g)   registration and licensing in relation to an occupation;

  (h)   taxation;

  (i)   trade practices;

  (j)   workplace safety;

  (k)   workplace training.


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