Document ID: chunk:federal_register_of_legislation:C2024C00800:section:140k:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 140K (pt 1/2)
Character Range: 395845–398593

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 work sponsor or family sponsor under subsection 140M(1);
 (iii) apply for a civil penalty order;
 (iv) accept an undertaking under section 114 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 115 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;
 (d) an authorised officer may give the person a compliance notice under section 140RB.

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 as a work sponsor or family sponsor;
 (ii) apply for a civil penalty order;
 (iii) accept an undertaking under section 114 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 115 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;
 (d) an authorised officer may give the person a compliance notice under section 140RB.
 (3) To avoid doubt, subsections (1) and (2) do not limit the circumstances in which:
 (a) the Minister may:
 (i) bar an approved sponsor under section 140M from doing certain things; or
 (ii) cancel