Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 5.20A

Civil penalty provisions

Sponsorship - related civil penalty provisions

  (1)   For subsection   506A(1) of the Act, a person who is alleged to have contravened subsection   140Q(1), 140Q(2), 140XE(3) or 140XF(3) of the Act may pay a penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person.

  (2)   If the person has previously been issued an infringement notice for an alleged contravention of any of those subsections, or has been ordered by a Court to pay a pecuniary penalty for a contravention of any of those subsections, the penalty is:

  (a)   in the case of a natural person--12 penalty units; or

  (b)   in the case of a body corporate--60 penalty units.

  (3)   If subregulation   (2) does not apply, the penalty is:

  (a)   in the case of a natural person--6 penalty units; or

  (b)   in the case of a body corporate--30 penalty units.

  (3A)   For subsection   506A(1) of the Act, a person who is alleged to have contravened subsection   245AR(1) or 245AS(1) of the Act may pay a penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person.

  (3B)   If the person has previously been issued an infringement notice for an alleged contravention of subsection   245AR(1) or 245AS(1) of the Act, or has been ordered by a Court to pay a pecuniary penalty for a contravention of either of those subsections, the penalty is:

  (a)   in the case of a natural person--48 penalty units; or

  (b)   in the case of a body corporate--240 penalty units.

  (3C)   If subregulation   (3B) does not apply, the penalty is:

  (a)   in the case of a natural person--24 penalty units; or

  (b)   in the case of a body corporate--120 penalty units.

Work - related civil penalty provisions

  (4)   For subsection   506A(1) of the Act, a person who is alleged to have contravened subsection   245AB(5), 245AC(5), 245AE(5) or 245AEA(5) of the Act may pay a penalty to the Commonwealth as an alternative to proceedings for a civil penalty order against the person.

  (5)   If the person has previously been issued an infringement notice for an alleged contravention of any of those subsections, or has been ordered by a Court to pay a pecuniary penalty for a contravention of any of those subsections, the penalty is:

  (a)   in the case of a natural person--18 penalty units; or

  (b)   in the case of a body corporate--90 penalty units.

  (6)   If subregulation   (5) does not apply, the penalty is:

  (a)   in the case of a natural person--9 penalty units; or

  (b)   in the case of a body corporate--45 penalty units.


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