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MIGRATION REGULATIONS 1994 - REG 2.94A

Failure to comply with certain terms of special program agreement or professional development agreement

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

                     (a)  a special program sponsor; or

                     (b)  a professional development sponsor; or

                     (c)  a temporary activities sponsor who is conducting, or has conducted, a program referred to in subclause 408.228(2) (youth exchange program) or (5) (other program) of Schedule 2.

             (2)  For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance is that the Minister is satisfied that:

                     (a)  if the person is or was a special program sponsor--the person has not complied with a term or condition of the special program agreement in relation to which the special program sponsor was approved; or

                     (b)  if the person is or was a professional development sponsor--the person has not complied with a term or condition of the professional development agreement in relation to which the professional development sponsor was approved; or

                     (c)  if the person is or was a temporary activities sponsor--the person has not complied with a term or condition of the special program agreement referred to in paragraph 408.228(2)(c) or (5)(c) (as the case requires) of Schedule 2.

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

                     (b)  the extent to which the person has not complied with the special program agreement or professional development agreement; and

                     (c)  the number of occasions on which the person has failed to comply with the special program agreement or professional development agreement; and

                     (d)  any other relevant factors.



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