Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.92

Contravention of law

             (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.

Contravention of law by person

             (2)  For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance for the person is that the Minister is satisfied that the person has been found by a court or a competent authority to have contravened a Commonwealth, State or Territory law.

             (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 circumstances mentioned in subregulation (2) are:

                     (a)  the past and present conduct of the person; and

                     (b)  the nature of the law that the person has contravened; and

                     (c)  the gravity of the unlawful activity; and

                     (d)  any other relevant factors.

Contravention of law by primary sponsored person

             (4)  For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance for a standard business sponsor, a temporary activities sponsor or a temporary work sponsor, in relation to a primary sponsored person, is that the Minister is satisfied that each of the following applies:

                     (a)  the primary sponsored person has been found by a court or a competent authority to have contravened a Commonwealth, State or Territory law;

                     (b)  the law was a law relating to the licensing, registration or membership of the primary sponsored person in relation to the primary sponsored person's approved occupation;

                     (c)  the primary sponsored person was required to comply with the law in order to work in the occupation nominated by the standard business sponsor, temporary activities sponsor or temporary work sponsor and approved by the Minister.

             (5)  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 circumstances mentioned in subregulation (4) are:

                     (a)  whether the person took reasonable steps to prevent the primary sponsored person from contravening a law relating to a licensing, registration or membership requirement of the primary sponsored person's approved occupation; and

                     (b)  whether any other primary sponsored person, while in the employ of the person, has been found by a court or a competent authority to have contravened a law relating to a licensing, registration or membership requirement; and

                     (c)  the processes (if any) the person has implemented to ensure future compliance with the licensing, registration or membership requirements of a primary sponsored person's approved occupation; and

                     (d)  any other relevant factors.



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