Civil liability Coercive, unfair or deceptive recruitment Employment contracts Forced labour Immigration status Minimum wage Poor working conditions
Section 140H lists general obligations an approved Sponsor must satisfy.
Section 140HA(1)(a) requires the Minister to take all reasonable steps to ensure regulations made by the Governor General for the purpose of sponsorship obligations include an obligation for Sponsors to pay visa holders a ‘market salary rate’.
An obligation for Sponsors to pay visa holders a market salary rate may help to ensure those visa holders are not exploited by low wages.
140HA Sponsorship obligations—Minister’s responsibility
(1) Subject to subsection (2), the Minister must take all reasonable steps to ensure that regulations made under section 504 for the purposes of subsection 140H(1) include obligations in relation to the following matters:
(a) paying a market salary rate (however described) to a visa holder;
(b) paying prescribed costs to the Commonwealth in relation to locating a former visa holder, and removing a former visa holder from Australia;
(c) paying prescribed costs of the departure of a visa holder (or a former visa holder) from Australia;
(d) complying with prescribed requirements to keep information, and provide information to the Minister;
(e) notifying the Department of prescribed changes in the circumstances of an approved sponsor, a former approved sponsor, a visa holder or a former visa holder;
(f) cooperating with the exercise of powers under or for the purposes of Subdivision F (which deals with inspector powers);
(g) ensuring that a visa holder participates in an occupation, program or activity nominated by an approved sponsor (including by preventing the on‑hire of a visa holder);
(h) requiring an approved sponsor or former approved sponsor not to transfer, charge or recover prescribed costs;
(i) requiring an approved sponsor or former approved sponsor to meet prescribed training requirements.
(2) For any particular matter mentioned in subsection (1), the Minister must take all reasonable steps to ensure that the obligations in the relevant regulations apply in relation to:
(a) all approved sponsors or former approved sponsors; or
(b) a specified class (or classes) of approved sponsors or former approved sponsors, and not to all approved sponsors or former approved sponsors.
(3) Subsection (1) does not limit the sponsorship obligations that may be prescribed for the purposes of subsection 140H(1).
Law / 14th October 2003 / Australia / Migration Act 1958 (Cth)
The Migration Act is a mechanism governing immigration to Australia. The Act relates to the entry into, and presence in, Australia of foreigners, and their departure or deportation from Australia.