If you do not meet your obligations, we could take one or more of the following actions:
Administrative
- you could be barred from sponsoring more people for a specified time
- you could be barred from applying for approval to be a sponsor, in relation to this visa or another one
- all of your existing approvals as a sponsor could be cancelled.
Enforceable undertaking
You could be invited to enter into an enforceable undertaking. Enforceable undertakings require you to promise, in writing, to undertake to complete certain actions to demonstrate that the failures have been rectified and won’t happen again.
Civil
- we can issue an infringement notice of up to AUD10 200 for a body corporate and AUD2040 for an individual for each failure.
- we can apply to a court for a civil penalty order of up to AUD51 000 for a corporation and AUD10 200 for an individual for each failure.
Other circumstances in which administrative action might be taken
In addition, you could also have sanctions imposed if:
The types of actions that could be taken depend on whether the sponsor is a standard business sponsor or has made a work agreement.
If you have sponsored someone under a work agreement, we could suspend or terminate it in accordance with the clauses of the particular work agreement.
- you provide false or misleading information to us or the Migration Review Tribunal
- you no longer satisfy the criteria for approval as a sponsor or for variation of a term of that approval
- you have been found by a court or competent authority to have contravened a Commonwealth, state or territory law
- the person you have sponsored breaks a law relating to the licensing, registration or membership needed to work in the nominated position.