(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 out in this regulation.
(2) A request from the person to the Minister to waive the bar must:
(a) be in writing; and
(b) be sent to the address specified in the notice from the Minister mentioned in regulation 2.98.
Division 2.22A—Inspectors
2.102A Period of appointment
For subsection 140V(2) of the Act, the period specified in an instrument of appointment issued under subsection 140V(1) of the Act must not exceed 4 years.
2.102C Purposes for which powers of inspectors may be exercised
For paragraph 140X(b) of the Act, the purposes for which an inspector may exercise his or her powers are:
(a) determining whether a term or a condition of a work agreement is being, or has been, complied with; and
(b) determining whether a circumstance prescribed under section 140L of the Act exists or has existed; and
(c) investigating a circumstance, if a circumstance exists or has existed, in order to assist the Minister in determining what (if any) action to take under section 140M of the Act.
Note 1: These purposes are additional to the purpose of determining whether a sponsorship obligation is being, or has been, complied with—see paragraph 140X(a) of the Act.
Note 2: Section 140L of the Act allows the regulations to prescribe circumstances in which an approved sponsor may be barred or an approved sponsor’s approval may be cancelled. These circumstances are prescribed in Division 2.20.
Note 3: Section 140M of the Act enables the Minister to cancel the approval of an approved sponsor or to bar an approved sponsor if regulations are prescribed under section 140L of the Act.
Division 2.22B—Liability and recovery of amounts
2.102D Liability to pay amounts
For the purposes of subsection 140S(1) of the Act, the amount that a person is required to pay under subregulation 2.87CE(2) is prescribed in relation to the sponsorship obligation mentioned in that subregulation.
Division 2.23—Disclosure of personal information
2.103 Disclosure of personal information by Minister—approved work sponsors etc.
Information about visa holders or former visa holders
(1) For the purposes of subsection 140ZH(1) of the Act, the kinds of information about a holder, or former holder, of a visa of a kind mentioned in subregulation (2A) that may be disclosed by the Minister in accordance with that subsection are:
(a) information relating to a failure to comply with a visa condition; and
(b) information about the immigration status of the visa holder or former visa holder; and
(c) information about the terms and conditions of employment of the visa holder or former visa holder; and
(d) information about costs incurred by the Commonwealth in relation to the visa holder or former visa holder; and
(e) information about an allegation made by the visa holder or former visa holder (or presumed to be made by the visa holder or former visa holder) that:
(i) an approved work sponsor, or a former approved work sponsor, of the visa holder or former visa holder has failed to satisfy a sponsorship obligation under Subdivision 2.19.1 (which deals with sponsorship obligations of approved work sponsors etc.); or
(ii) a circumstance prescribed under section 140L of the Act may exist in relation to an approved work sponsor, or former approved work sponsor, of the visa holder or former visa holder; and
(f) information about a debt, relating to the visa holder or former visa holder, owed by an approved work sponsor or former approved work sponsor.
Information about approved work sponsors or former approved work sponsors
(2) For the purposes of subsection 140ZH(1) of the Act, the kinds of information about an approved work sponsor, or former approved work sponsor, of a holder or former holder of a visa of a kind mentioned in subregulation (2A) that may be disclosed by the Minister in accordance with that subsection are:
(a) information relating to a failure, or a possible failure, to satisfy a sponsorship obligation prescribed under subsection 140H(1) of the Act; and
(b) information that a circumstance prescribed under section 140L of the Act may exist; and
(c) information about a warning given in relation to the possible existence of a circumstance prescribed under section 140L of the Act; and
(d) information about an action taken under section 140M of the Act; and
(e) information about a pecuniary penalty imposed for a contravention of section 140Q of the Act; and
(f) information about a warning given in relation to a possible contravention of section 140Q of the Act; and
(g) information about an infringement notice issued under section 506A of the Act; and
(h) information about the outcome of monitoring by an inspector exercising powers under Subdivision F of Division 3A of Part 2 of the Act; and
(i) information provided to the Minister in accordance with regulation 2.83; and
(j) information provided to Immigration in accordance with regulation 2.84; and
(k) information relevant to the performance of a function by a Commonwealth, State or Territory agency of a kind mentioned in subregulation (3).
Note: Regulation 2.83 prescribes a sponsorship obligation to provide records and information to the Minister. Regulation 2.84 prescribes a sponsorship obligation to provide information to Immigration when certain events occur.
Prescribed visas
(2A) For the purposes of column 2 of items 1 and 2 of the table in subsection 140ZH(1) of the Act, the kinds of visa mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa) are prescribed.
Prescribed agencies
(3) For the purposes of column 3 of items 1 and 2 of the table in subsection 140ZH(1) of the Act, a Commonwealth, State or Territory agency responsible for the regulation of one or more of the following matters is prescribed:
(a) education;
(b) fair trading;
(c) health;
(d) industrial relations;
(e) law enforcement;
(f) public safety;
(g) registration and licensing in relation to an occupation;
(h) taxation;
(i) trade practices;
(j) workplace safety;
(k) workplace training.
2.103A Disclosure of personal information by Minister—approved family sponsors etc.
Information about visa holders or former visa holders
(1) For the purposes of subsection 140ZH(1A) of the Act, the kinds of information about a holder, or former holder, of a Subclass 870 (Sponsored Parent (Temporary)) visa that may be disclosed by the Minister in accordance with that subsection are:
(a) information relating to a failure to comply with a visa condition; and
(b) information about the immigration status of the visa holder or former visa holder; and
(c) information about costs incurred by the Commonwealth in relation to the visa holder or former visa holder; and
(d) information about an allegation made by the visa holder or former visa holder (or presumed to be made by the visa holder or former visa holder) that:
(i) an approved family sponsor, or a former approved family sponsor, of the visa holder or former visa holder has failed to satisfy a sponsorship obligation under Subdivision 2.19.2 (which deals with sponsorship obligations of approved family sponsors etc.); or
(ii) a circumstance prescribed under section 140L of the Act may exist in relation to an approved family sponsor, or former approved family sponsor, of the visa holder or former visa holder; and
(e) information about a debt, relating to the visa holder or former visa holder, owed by an approved family sponsor or former approved family sponsor.
Information about approved family sponsors or former approved family sponsors
(2) For the purposes of subsection 140ZH(1A) of the Act, the kinds of information about an approved family sponsor, or former approved family sponsor, of a holder or former holder of a Subclass 870 (Sponsored Parent (Temporary)) visa that may be disclosed by the Minister in accordance with that subsection are:
(a) information relating to a failure, or a possible failure, to satisfy a sponsorship obligation prescribed under subsection 140H(1) of the Act; and
(b) information that a circumstance prescribed under section 140L of the Act (which is about circumstances in which an approved sponsor may be barred or an approved sponsor’s approval cancelled) may exist; and
(c) information about a warning given in relation to the possible existence of a circumstance prescribed under section 140L of the Act (which is about circumstances in which an approved sponsor may be barred or an approved sponsor’s approval cancelled); and
(d) information about an action taken under section 140M of the Act (which is about cancelling approval as an approved sponsor or barring such a sponsor); and
(e) information about a pecuniary penalty imposed for a contravention of section 140Q of the Act (which is a civil penalty provision about failing to satisfy sponsorship obligations); and
(f) information about a warning given in relation to a possible contravention of section 140Q of the Act (which is a civil penalty provision about failing to satisfy sponsorship obligations); and
(g) information about an infringement notice issued under section 506A of the Act; and
(h) information provided to the Minister in accordance with regulation 2.87CC; and
(i) information provided to Immigration in accordance with regulation 2.87CD; and
(j) information relevant to the performance of a function by a Commonwealth, State or Territory agency of a kind mentioned in subregulation (4).
Prescribed visa
(3) For the purposes of column 2 of items 1, 2 and 5 of the table in subsection 140ZH(1A) of the Act, the Subclass 870 (Sponsored Parent (Temporary)) visa is prescribed.
Prescribed agencies
(4) For the purposes of column 3 of items 1 to 5 of the table in subsection 140ZH(1A) of the Act, a Commonwealth, State or Territory agency responsible for the regulation of one or more of the following matters is prescribed:
(a) health;
(b) law enforcement;
(c) public safety;
(d) taxation.
2.104 Circumstances in which the Minister may disclose personal information
(1) For the purposes of subsection 140ZH(2) of the Act, this regulation sets out the circumstances in which the Minister may disclose personal information under subsection 140ZH(1) or (1A) of the Act.
(2) Each of the following are circumstances in which the Minister may disclose personal information to a visa holder or a former visa holder:
(a) the disclosure of the information may assist Immigration in determining:
(i) whether an approved sponsor or a former approved sponsor has failed to satisfy a sponsorship obligation; or
(ii) whether a circumstance prescribed under section 140L of the Act exists in relation to an approved sponsor or a former approved sponsor of the visa holder or the former visa holder;
(b) the disclosure of the information may assist the visa holder or former visa holder to recover a debt under section 140S of the Act;
(c) the disclosure of the information will notify the visa holder or the former visa holder that their approved sponsor or former approved sponsor has been sanctioned:
(i) for a failure to satisfy a sponsorship obligation prescribed under section 140H of the Act; or
(ii) due to the existence of a circumstance prescribed under section 140L of the Act;
(d) the disclosure of the information will notify the visa holder or the former visa holder of the outcome of an allegation made by the visa holder or the former visa holder in relation to an approved sponsor or a former approved sponsor.
(3) Each of the following are circumstances in which the Minister may disclose personal information to an approved sponsor or a former approved sponsor:
(a) the disclosure of the information may assist the approved sponsor or former approved sponsor:
(i) to respond to a claim that a sponsorship obligation has not been satisfied; or
(ii) to respond to a claim that a circumstance prescribed under section 140L of the Act exists; or
(iii) to satisfy a sponsorship obligation; or
(iv) to meet a liability to a visa holder or a former visa holder;
(b) the disclosure of the information will notify the approved sponsor or former approved sponsor that he or she is no longer the approved sponsor of a visa holder or a former visa holder;
(c) if the approved sponsor or former approved sponsor is an approved work sponsor or former approved work sponsor—the disclosure of the information will notify that sponsor of the cancellation of a visa held by a person who is or was a primary sponsored person, or a secondary sponsored person, of that sponsor;
(d) if the approved sponsor or former approved sponsor is an approved family sponsor or former approved family sponsor—the disclosure of the information will notify that sponsor of the cancellation of a visa held by a person who is or was sponsored by that sponsor.
(4) Each of the following are circumstances in which the Minister may disclose personal information to an agency of the Commonwealth or a State or Territory of a kind mentioned in subregulation 2.103(3) or 2.103A(4):
(a) the disclosure of the information may assist the agency to perform its functions;
(b) the disclosure of the information may assist Immigration in determining:
(i) whether an approved sponsor or a former approved sponsor has satisfied a sponsorship obligation; or
(ii) whether a circumstance prescribed under section 140L of the Act exists in relation to an approved sponsor or a former approved sponsor.
2.105 Circumstances in which a recipient may use or disclose personal information
For the purposes of subsection 140ZH(3) of the Act, the circumstance in which a recipient of personal information disclosed under subsection 140ZH(1) or (1A) of the Act may use or disclose that information is that the information is to be used or disclosed by the recipient in the same circumstances in which it was disclosed to the recipient.
2.106 Disclosure of personal information to Minister
For subsection 140ZI(1) of the Act, the kind of personal information that the Minister may request an approved sponsor or a former approved sponsor of a visa holder or a former visa holder to disclose to the Minister is the contact details of the visa holder or the former visa holder.
Examples
1 a postal address
2 a residential address
3 a telephone number
4 a personal website
5 an email address.
Part 3—Immigration clearance and collection of information
Division 3.1—Information to be given
3.01 Provision of information (general requirement)
(1) In this regulation:
officer includes a clearance officer.
(2) This regulation applies to:
(a) a person who is an overseas passenger:
(i) arriving on board a vessel at a port in Australia in the course of, or at the conclusion of, an overseas flight or an overseas voyage; or
(ii) leaving Australia on board a vessel bound for or calling at a place outside Australia; and
(b) a person on board an aircraft arriving at, or departing from, an airport in Australia, being an aircraft operated by an international air carrier;
other than:
(c) a person included in a class of persons set out in an item in Part 1 of Schedule 9, being an item in which the word “no” appears in column 4; and
(d) a person who, under regulation 3.06, is not required to complete a passenger card; and
(e) a person who enters Australia:
(i) on a non‑military ship; and
(ii) as a member of the crew of that non‑military ship, or as a member of the family unit of a member of the crew of that non‑military ship.
(3) A person to whom this regulation applies who is arriving in Australia must:
(a) complete a passenger card:
(i) in relation to the person and to any other person that person is in charge of on the relevant flight or voyage; and
(ii) in accordance with directions set out on the passenger card; and
(b) provide the completed passenger card to an officer.
(4) An officer may require a person to whom this regulation applies to provide to the officer information about that person in respect of any of the following matters:
(a) name;
(b) date of birth and country of birth;
(c) citizenship;
(d) sex, and marital or relationship status;
(e) usual occupation;
(f) passport number;
(g) if the person is not:
(i) an Australian citizen; or
(ii) a person who is eligible for the grant of a Special Category visa; or
(iii) a person who will on entry be taken to hold a special purpose visa;
the number of the Australian visa held by the person;
(h) flight number of aircraft or name of ship in relation to the relevant flight or voyage;
(i) country in which the person boarded, or intends to disembark from, the aircraft or ship;
(j) if the person is entering Australia—the intended address of the person in Australia.
3.02 Passenger cards for persons entering Australia
(1) A passenger card for a person entering Australia must include the following questions, or substantially similar questions: