Document ID: chunk:federal_register_of_legislation:C2024C00800:section:245ayk:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 245AYK (pt 2/2)
Character Range: 732977–734701

and
 (d) whether the relevant non‑compliance was intentional, reckless or inadvertent; and
 (e) the likely impact making the declaration would have on:
 (i) other persons employed by the first person; and
 (ii) services in the community provided by the first person; and
 (f) the first person's history of compliance or non‑compliance with the laws to which migrant worker sanctions relate; and
 (g) the first person's response to the relevant non‑compliance; and
 (h) how much time has passed since the relevant non‑compliance occurred and any sanctions that have already been imposed on the first person in relation to the relevant non‑compliance; and
 (i) any action the first person has taken to report the relevant non‑compliance or to ensure future compliance with the laws to which migrant worker sanctions relate.

Notification and duration of declaration
 (6) If the Minister declares a person to be a prohibited employer, the Minister must, as soon as reasonably practicable, give the person a copy of the declaration.
 (7) The declaration comes into effect at the start of whichever of the following days is later:
 (a) the day after the day the declaration is given to the person;
 (b) the day stated in the declaration as the day the declaration comes into effect.
 (8) The declaration has effect during the period specified in the declaration (unless sooner revoked).
 (8A) For the purposes of subsection (8), the maximum period that can be specified in the declaration is set out in the following table.

Item  If the non‑compliance in relation to which the person is subject to a migrant worker sanction is …                                                         the maximum period for the declaration is …