Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p19
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 19/33)
Character Range: 664899–667732

is that the Minister is satisfied that each of the following applies:
 (a) the primary sponsored person has been found by a court or a competent authority to have contravened a Commonwealth, State or Territory law;
 (b) the law was a law relating to the licensing, registration or membership of the primary sponsored person in relation to the primary sponsored person's approved occupation;
 (c) the primary sponsored person was required to comply with the law in order to work in the occupation nominated by the standard business sponsor, temporary activities sponsor or temporary work sponsor and approved by the Minister.
 (5) 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 circumstances mentioned in subregulation (4) are:
 (a) whether the person took reasonable steps to prevent the primary sponsored person from contravening a law relating to a licensing, registration or membership requirement of the primary sponsored person's approved occupation; and
 (b) whether any other primary sponsored person, while in the employ of the person, has been found by a court or a competent authority to have contravened a law relating to a licensing, registration or membership requirement; and
 (c) the processes (if any) the person has implemented to ensure future compliance with the licensing, registration or membership requirements of a primary sponsored person's approved occupation; and
 (d) any other relevant factors.

2.93  Unapproved change to professional development program or special program
 (1) This regulation applies to a person who is or was:
 (a) a professional development sponsor; or
 (b) a special program sponsor; or
 (c) a temporary activities sponsor who is conducting, or has conducted, a program referred to in subclause 408.228(2) (youth exchange program) 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 the person made a change to:
 (a) if the person is or was a professional development sponsor—the professional development program; or
 (b) if the person is or was a special program sponsor—the special program; or
 (c) if the person is or was a temporary activities sponsor referred to in paragraph (1)(c)—the program referred to in that paragraph;
without the approval in writing of the Secretary.
 (3) For paragraph 140L(1)(b) of the Act, the criteria that the Minister must to 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 severity of the conduct; and
 (b) the past conduct of the person in relation to Immigration; and
 (c) the impact,