Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.90

Provision of false or misleading information

  (1)   This regulation applies to a person who is or was:

  (a)   a standard business sponsor; or

  (b)   a professional development sponsor; or

  (c)   a temporary work sponsor; or

  (d)   a temporary activities sponsor; or

  (e)   a parent sponsor.

  (2)   For subparagraph   140L(1)(a)(ii) of the Act, an additional circumstance is that the Minister is satisfied that the person has provided false or misleading information to Immigration or the Tribunal.

  (3)   For paragraph   140L(1)(b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section   140M of the Act in relation to the circumstance mentioned in subregulation   (2) are:

  (a)   the purpose for which the information was provided; and

  (b)   the past and present conduct of the person in relation to Immigration; and

  (c)   the nature of the information; and

  (d)   whether, and the extent to which, the provision of false or misleading information has had a direct or indirect impact on another person; and

  (e)   whether the information was provided in good faith; and

  (f)   whether the person notified Immigration immediately upon discovering that the information was false or misleading; and

  (g)   any other relevant factors.


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