Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 2.94

Failure to pay additional security

             (1)  This regulation applies to a person who is or was a professional development sponsor.

             (2)  For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance is that the Minister is satisfied that the person has failed to pay an additional security requested by an authorised officer under section 269 of the Act.

             (3)  For subregulation (2), a person has failed to pay an additional security if the person has failed to pay the security:

                     (a)  within 28 days of the day on which the person was requested to pay the security; or

                     (b)  within a longer period as allowed by an authorised officer in the request.

             (4)  For paragraph 140L(1)(b) of the Act, the criteria that the Minister must to 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 severity of the conduct; and

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

                     (c)  the impact, if any, that the taking of the action may have on the Australian community; and

                     (d)  the extent to which the barring of the person as a work sponsor will be an adequate means of dealing with the matter, having regard to:

                              (i)  the seriousness of the inability, or of the failure, to comply; and

                             (ii)  the past conduct of the person; and

                     (e)  any other relevant factors.



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