Document ID: chunk:federal_register_of_legislation:C2008A00159:clause:1_140k
Version: federal_register_of_legislation:C2008A00159
Segment Type: clause
Provision Reference: sch 1 cl 140K
Character Range: 12395–14414

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 an order for a civil penalty under Part 8D;
 (b) the person may be issued with an infringement notice, as an alternative to civil penalty proceedings, under section 140R;
 (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 either or both 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 an order for a civil penalty under Part 8D;
 (b) the person may be issued with an infringement notice, as an alternative to civil penalty proceedings, under section 140R;
 (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.