Section 140K

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Section 140K lists sanctions for failing to satisfy sponsorship obligations. These sanctions include; cancelling a person’s approval as a sponsor, and civil penalty orders for person’s breach of their Sponsor duties.

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140K  Sanctions for failing to satisfy sponsorship obligations

Actions that may be taken in relation to approved sponsors

(1)  If a person is an approved sponsor and fails to satisfy an applicable sponsorship obligation, one or more of the following actions may be taken:
(a)  the Minister may do one or more of the following:
(i)  if regulations are prescribed under section 140L, bar the sponsor under subsection 140M(1) from doing certain things;
(ii)  if regulations are prescribed under section 140L, cancel the person’s approval as a sponsor under subsection 140M(1);
(iii)  apply for a civil penalty order;
(iv)  accept an undertaking under section 119 of the Regulatory Powers Act, for the purposes of this Subdivision from the person;
(v)  if the Minister considers that the person has breached such an undertaking—apply for an order under section 120 of the Regulatory Powers Act, for the purposes of this Subdivision;
(b)  the person may be issued with an infringement notice under regulations made for the purposes of section 506A as an alternative to proceedings for a civil penalty order;
(c)  an authorized officer may require and take a security under section 269 or enforce a security already taken under that section.
Actions that may be taken in relation to former approved sponsors

(2)  If a person was an approved sponsor and fails to satisfy an applicable sponsorship obligation, one or more of the following actions may be taken:
(a)  the Minister may do one or more of the following:
(i)  if regulations are prescribed under section 140L, bar the person under subsection 140M(2) from making future applications for approval;
(ii)  apply for a civil penalty order;
(iii)  accept an undertaking under section 119 of the Regulatory Powers Act, for the purposes of this Subdivision from the person;
(iv)  if the Minister considers that the person has breached such an undertaking—apply for an order under section 120 of the Regulatory Powers Act, for the purposes of this Subdivision;
(b)  the person may be issued with an infringement notice under regulations made for the purposes of section 506A as an alternative to proceedings for a civil penalty order;
(c)  an authorized officer may require and take a security under section 269 or enforce a security already taken under that section.

(3)  To avoid doubt, subsections (1) and (2) do not limit the circumstances in which:
(a)  the Minister may:
(i)  bar a sponsor under section 140M from doing certain things; or
(ii)  cancel a person’s approval as a sponsor under section 140M; or
(b)  an authorized officer may require and take a security under section 269 or enforce a security already taken under that section.

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.