Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p23
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 23/33)
Character Range: 674728–677321

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, of the decision to take no action.

Division 2.22—Waiving a bar on sponsor's approval

2.99  Application
  This Division applies to a person who is or was an approved sponsor other than a party to a work agreement.

2.100  Circumstances in which a bar may be waived
  For subsection 140O(2) of the Act, a circumstance in which the Minister may waive a bar is that the Minister has received a request from the person to waive the bar.

2.101  Criteria for waiving a bar
 (1) For the purposes of subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar placed on an approved work sponsor are:
 (a) whether the person has made the request to waive the bar in accordance with the process set out in regulation 2.102; and
 (b) if the Minister has not previously refused to waive the bar:
 (i) whether the interests of Australia would be significantly affected if the bar were not waived; and
 (ii) whether a substantial trade opportunity would be lost if the bar were not waived; and
 (iii) whether there would be a significant detriment to the Australian community if the bar were not waived; and
 (iv) whether the person's inability to sponsor a proposed primary sponsored person would significantly damage Australia's relations with the government of another country; and
 (v) whether significant new evidence or information has come to light which was not available at the time the decision to place the bar was made; and
 (c) if the Minister has previously refused to waive the bar, whether the circumstances relevant to the making of the earlier decision have changed substantially.
 (2) For the purposes of subsection 140O(3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar placed on an approved family sponsor are:
 (a) whether the person has made the request to waive the bar in accordance with the process set out in regulation 2.102; and
 (b) whether significant new evidence or information has come to light which was not available at the time the decision to place the bar was made; and
 (c) whether there are exceptional circumstances that justify waiving the bar.

2.102  Process to waive a bar
 (1) For section 140P of the Act, the Minister may waive a bar placed on the person under section 140M of the Act in accordance with the process set