Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p22
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 22/33)
Character Range: 672431–674945

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 can be cancelled or whether the person can be barred from doing certain things under the agreement.
 (2) If the Minister is taking action against a person under section 140M of the Act, the Minister must do so in accordance with the process set out in this Division.

2.96  Notice of intention to take action
 (1) If the Minister is considering taking action under section 140M of the Act in relation to the person, the Minister must give a written notice to the person.
 (2) The notice must:
 (a) specify details of the circumstances prescribed under section 140L of the Act in relation to which action is being considered; and
 (b) specify details of the actions that the Minister may take; and
 (c) specify the address for providing a response to the Minister; and
 (d) be given using a method mentioned in section 494B of the Act; and
 (e) specify a date for a response not earlier than 7 days after the date a person is taken to have received the notice by section 494C of the Act.

2.97  Decision
  The Minister must consider a response before making a decision if the person:
 (a) provides a response to the Minister before the date mentioned in paragraph 2.96(2)(e); or
 (b) provides a response:
 (i) after the date mentioned in paragraph 2.96(2)(e); and
 (ii) before the Minister has made the decision.

2.98  Notice of decision
 (1) If the Minister decides to take action under section 140M of the Act, the Minister must notify the person, in writing, of the following matters:
 (a) the decision taken by the Minister, including the effect of the decision;
 (b) the grounds for making the decision;
 (c) if the person has a right to have the decision reviewed by application under Part 5 of the Act—state:
 (i) that the decision can be reviewed by the ART; and
 (ii) the time in which the application for review may be made; and
 (iii) who can apply for the review; and
 (iv) where the application for review may be made;
 (d) if an action is to bar the person:
 (i) details of how the person can apply for a waiver of the bar; and
 (ii) the address to which a request for a waiver, if made, must be sent.
 (2) If a notice is issued under regulation 2.96, and the Minister decides to take no action under section 140M of the Act, the Minister must notify the person, in writing,