Migration Regulations 1994

This regulation applies to a person who is or was an approved work sponsor.

The person must pay costs incurred by the Commonwealth:

if the costs were incurred by the Commonwealth in taking either or both of the following actions in relation to the primary sponsored person or secondary sponsored person:

locating, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person;

removing, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person from Australia; and

if the Minister has requested the payment of the costs by written notice in the manner specified in subregulation (5); and

if the costs were incurred by the Commonwealth within the period mentioned in subregulation (6).

However, if the person has already paid the costs of return travel in accordance with the sponsorship obligation mentioned in regulation 2.80 (the return costs), the person is liable to pay to the Commonwealth only the difference between:

the lesser of:

the actual costs incurred by the Commonwealth in taking 1 or more of the actions mentioned in paragraph (2)(a); or

the costs up to the limit prescribed under paragraph 140J(1)(a) of the Act, as prescribed in subregulation (4); and

the return costs that have already been paid by the person.

For paragraph 140J(1)(a) of the Act, the limit in relation to the obligation at subregulation (2) is $10 000.

For paragraph (2)(b), the notice from the Minister requesting the payment of costs must:

be given using a method mentioned in section 494B of the Act; and

specify a date for compliance not earlier than 7 days after the date a person will be taken, by section 494C of the Act, to have received the notice.

For paragraph 2(c):

in relation to a primary sponsored person—the period within which the Commonwealth must incur the costs:

starts on the day on which the primary sponsored person becomes an unlawful non‑citizen; and

ends at the moment when the primary sponsored person leaves Australia; and

in relation to a secondary sponsored person—the period within which the Commonwealth must incur the costs:

starts on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and

ends at the moment when the secondary sponsored person leaves Australia.

The obligation mentioned in subregulation (2):

in relation to a primary sponsored person:

starts to apply on the day on which the primary sponsored person becomes an unlawful non‑citizen; and

ends 5 years after the time at which the primary sponsored person leaves Australia; and

in relation to a secondary sponsored person:

starts to apply on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and

ends 5 years after the time at which the secondary sponsored person leaves Australia.

In this regulation: