Document ID: chunk:federal_register_of_legislation:C2025C00180:clause:1_4:p7
Version: federal_register_of_legislation:C2025C00180
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 7/43)
Character Range: 574574–577360

to comply with subsection (4) or (5) does not affect the validity of the Commissioner's decision.

Basis of registration
 (8) A registration under this section is granted on the basis that:
 (a) the registration may be cancelled under section 16‑148; and
 (b) the registration may be cancelled, suspended, varied or made subject to conditions by or under later legislation; and
 (c) no compensation is payable if the registration is cancelled, suspended, varied or made subject to conditions as mentioned in any of the above paragraphs.

16‑148  Cancelling the registration of employers of working holiday makers
 (1) The Commissioner may cancel an entity's registration under section 16‑147 if:
 (a) the entity advises the Commissioner, in the *approved form, that the entity does not employ, and does not intend to employ, any individual who is a *working holiday maker; or
 (b) the Commissioner is satisfied that:
 (i) the entity; or
 (ii) if the entity is a partnership—any of the partners; or
 (iii) if the entity is a company—any director, shareholder or employee of the company who participates in the management or control of the company; or
 (iv) if the entity is a trustee of a trust—any appointer of trustees of the trust, or any person who participates in the control of the trust;
  is not a fit and proper person.
 (2) The cancellation takes effect on the day determined by the Commissioner. The day must not be earlier than the day on which notice of the cancellation is given under subsection (6).
 (3) If the Commissioner is considering whether the entity, or another person mentioned in subparagraph (1)(b)(ii), (iii) or (iv), is a fit and proper person, the Commissioner must give the entity a notice that:
 (a) informs the entity accordingly; and
 (b) invites the entity to make submissions to the Commissioner on the matter within 28 days after the Commissioner gives the notice.
 (4) Without limiting the matters to which the Commissioner may have regard in considering whether the entity, or another person mentioned in subparagraph (1)(b)(ii), (iii) or (iv), is a fit and proper person, the Commissioner must have regard to:
 (a) whether a court has made a finding, in proceedings commenced by the Fair Work Ombudsman, that the entity has contravened the Fair Work Act 2009; and
 (b) whether the entity has failed to withhold amounts as required by Division 12; and
 (c) any relevant information the entity has provided in submissions to the Commissioner within the period specified in paragraph (3)(b).
 (5) The Commissioner must, having regard to the reasons for the cancellation, determine a period, starting when the cancellation takes effect, during which the entity cannot apply under section 16‑146 for registration.

Notification of the cancellation
 (6)