Migration Regulations 1994

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:

information relating to a failure to comply with a visa condition; and

information about the immigration status of the visa holder or former visa holder; and

information about the terms and conditions of employment of the visa holder or former visa holder; and

information about costs incurred by the Commonwealth in relation to the visa holder or former visa holder; and

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:

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

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

information about a debt, relating to the visa holder or former visa holder, owed by an approved work sponsor or former approved work sponsor.

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:

information relating to a failure, or a possible failure, to satisfy a sponsorship obligation prescribed under subsection 140H(1) of the Act; and

information that a circumstance prescribed under section 140L of the Act may exist; and

information about a warning given in relation to the possible existence of a circumstance prescribed under section 140L of the Act; and

information about an action taken under section 140M of the Act; and

information about a pecuniary penalty imposed for a contravention of section 140Q of the Act; and

information about a warning given in relation to a possible contravention of section 140Q of the Act; and

information about an infringement notice issued under section 506A of the Act; and

information about the outcome of monitoring by an inspector exercising powers under Subdivision F of Division 3A of Part 2 of the Act; and

information provided to the Minister in accordance with regulation 2.83; and

information provided to Immigration in accordance with regulation 2.84; and

information relevant to the performance of a function by a Commonwealth, State or Territory agency of a kind mentioned in subregulation (3).

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.

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.

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:

education;

fair trading;

health;

industrial relations;

law enforcement;

public safety;

registration and licensing in relation to an occupation;

taxation;

trade practices;

workplace safety;

workplace training.