Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendments commencing on day of Royal Assent
1 At the end of paragraph 140K(1)(a)
Add:
(iv) accept an undertaking under section 140RA from the person;
(v) if the Minister considers that the person has breached such an undertaking--apply for an order under section 140RB;
2 Paragraph 140K(2)(a)
Omit "either or both", substitute "one or more".
3 At the end of paragraph 140K(2)(a)
Add:
(iii) accept an undertaking under section 140RA from the person;
(iv) if the Minister considers that the person has breached such an undertaking--apply for an order under section 140RB;
4 At the end of Subdivision D of Division 3A of Part 2
Add:
(1) The Minister may accept any of the following undertakings:
(a) a written undertaking given by a person that the person will, in order to comply with section 140H in relation to a sponsorship obligation, take specified action;
(b) a written undertaking given by a person that the person will, in order to comply with section 140H in relation to a sponsorship obligation, refrain from taking specified action;
(c) a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not contravene section 140H in relation to a sponsorship obligation, or is unlikely to contravene that section in relation to such an obligation, in the future.
(2) The undertaking must be expressed to be an undertaking under this section.
(3) The person may withdraw or vary the undertaking at any time, but only with the written consent of the Minister.
(4) The Minister may, by written notice given to the person, cancel the undertaking.
(5) A consent or notice under this section i s not a legislative instrument.
(6) The Minister may publish an undertaking on the Department's website.
(1) The Minister may apply to an eligible court for an order under subsection ( 2) if:
(a) a person has given an undertaking under section 140RA; and
(b) the undertaking has not been withdrawn or cancelled; and
(c) the Minister considers that the person has breached the undertaking.
(2) If the court is satisfied that the person has breached the undertaking, the court may make any or all of the following orders:
(a) an order directing the person to comply with the undertaking;
(b) an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;
(d) any other order that the court considers appropriate.
5 Application
The amendments of the Migration Act 1958 made by this Part apply in relation to a sponsorship obligation whether the obligation arose before, on or after the commencement of this Part.
6 Subsection 5(1)
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2013 .
7 Subparagraph 140K(1)(a)(iv)
Omit "section 140RA", substitute "section 119 of the Regulatory Powers Act, for the purposes of this Subdivision".
8 Subparagraph 140K(1)(a)(v)
Omit "section 140RB", substitute "section 120 of the Regulatory Powers Act, for the purposes of this Subdivision".
9 Subparagraph 140K(2)(a)(iii)
Omit "section 140RA", substitute "section 119 of the Regulatory Powers Act, for the purposes of this Subdivision".
10 Subparagraph 140 K (2)(a)(iv)
Omit "section 140RB", substitute "section 120 of the Regulatory Powers Act, for the purposes of this Subdivision".
11 Sections 140RA and 140RB
Repeal the sections, substitute:
140RA Enforceable undertakings
Enforceable provision
(1) Section 140H is enforceable , in relation to a sponsorship obligation, under Part 6 of the Regulatory Powers Act.
Note: Part 6 of the Regulatory Powers Act creates a framework for accepting and enforcing undertakings relating to compliance with provisions.
Authorised person
(2) For the purposes of Part 6 of the Regulatory Powers Act, the Minister is an authorised person in relation to the provision mentioned in subsection ( 1).
Relevant court
(3) For the purposes of Part 6 of the Regulatory Powers Act, an eligible court is a relevant court in relation to the provision mentioned in subsection ( 1).
Enforceable undertaking may be published on the internet
(4) The authorised person in relation to the provision mentioned in subsection ( 1) may publish an undertaking given in relation to the provision on the Department's website.
Extension to external Territories
(5) Part 6 of the Regulatory Powers Act, as it applies in relation to the provision mentioned in subsection ( 1), extends to a Territory to which this Act extends.
Note: See section 7 of this Act.
Division 2--Application and saving
12 Application and saving
(1) The amendments of the Migration Act 1958 made by this Part apply in relation to a sponsorship obligation whether the obligation arose before, on or after the commencement of this Part.
(2) However, sections 140RA and 140RB of the Migration Act 1958 as in force immediately before the commencement of this Part continue to apply , on and after that commencement, in relation to an undertaking accepted under section 140RA before that commencement.