Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p21
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 21/33)
Character Range: 669884–672656

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.

2.94B  Change of circumstances relating to approved family sponsor etc.
  For the purposes of subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance in relation to a person (the first person) who is or was an approved family sponsor of another person (the sponsored person) is that the Minister is satisfied of any of the following:
 (a) the first person has been involved in:
 (i) activities that endanger or threaten any individual; or
 (ii) activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community;
 (b) adverse information about the first person, or another person associated with the first person, has become known to Immigration;
 (c) the first person, or the sponsored person, has an outstanding public health debt;
 (d) there has been a material change in the circumstances on the basis of which the first person was approved as a family sponsor.

Division 2.21—Process to bar sponsor or cancel sponsor's approval

2.95  Preliminary
 (1) This Division applies to a person who is or was an approved sponsor (other than a party to a work agreement).
Note: The Minister cannot take action against a party to a work agreement under section 140M of the Act. The terms of the work agreement will provide for whether the agreement