s 408.112

In force

(1)

In this Part, adverse supporter information about a person or organisation is any adverse information relevant to the suitability of the person or organisation to support an application for a Subclass 408 visa (otherwise than as an approved work sponsor of the applicant).

(2)

Without limiting subclause (1), adverse supporter information about a person or organisation includes information that the person or organisation:

(a)

has contravened a law of the Commonwealth, a State or a Territory; or

(b)

is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or

(c)

has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or

(d)

has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or

(e)

has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.

(3)

Nothing in this clause affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

(4)

In this clause:

information that is false or misleading in a material particular means information that is:

(a)

false or misleading at the time it is given; and

(b)

relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.

Note:

For the definition of bogus document, see subsection 5(1) of the Act.

408.2—Primary criteria

Note 1:

The primary criteria must be satisfied by at least one member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria.

Note 2:

All criteria must be satisfied at the time a decision is made on the application.

408.21—Common criteria

Note:

These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 408 visa.

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