# Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen

> reg-2.81 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.81 Obligation to pay costs incurred by the Commonwealth to locate and
          remove unlawful non-citizen
          (1) This regulation applies to a person who is or was an approved work sponsor.
          (2) The person must pay costs incurred by the Commonwealth:
               (a) 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:
                     (i) locating, as an unlawful non-citizen, the primary sponsored person or
                         the secondary sponsored person;
                    (ii) removing, as an unlawful non-citizen, the primary sponsored person
                         or the secondary sponsored person from Australia; and
               (b) if the Minister has requested the payment of the costs by written notice in
                   the manner specified in subregulation (5); and
               (c) if the costs were incurred by the Commonwealth within the period
                   mentioned in subregulation (6).
          (3) 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:
                (a) the lesser of:
                      (i) the actual costs incurred by the Commonwealth in taking 1 or more of
                          the actions mentioned in paragraph (2)(a); or
                     (ii) the costs up to the limit prescribed under paragraph 140J(1)(a) of the
                          Act, as prescribed in subregulation (4); and
                (b) the return costs that have already been paid by the person.
          (4) For paragraph 140J(1)(a) of the Act, the limit in relation to the obligation at
              subregulation (2) is $10 000.
          (5) For paragraph (2)(b), the notice from the Minister requesting the payment of
              costs must:
                (a) be given using a method mentioned in section 494B of the Act; and
               (b) 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.








          (6) For paragraph 2(c):
               (a) in relation to a primary sponsored person—the period within which the
                   Commonwealth must incur the costs:
                     (i) starts on the day on which the primary sponsored person becomes an
                         unlawful non-citizen; and
                    (ii) ends at the moment when the primary sponsored person leaves
                         Australia; and
               (b) in relation to a secondary sponsored person—the period within which the
                   Commonwealth must incur the costs:
                     (i) starts on the day on which the secondary sponsored person becomes
                         an unlawful non-citizen; and
                    (ii) ends at the moment when the secondary sponsored person leaves
                         Australia.
          (7) The obligation mentioned in subregulation (2):
               (a) in relation to a primary sponsored person:
                     (i) starts to apply on the day on which the primary sponsored person
                         becomes an unlawful non-citizen; and
                    (ii) ends 5 years after the time at which the primary sponsored person
                         leaves Australia; and
               (b) in relation to a secondary sponsored person:
                     (i) starts to apply on the day on which the secondary sponsored person
                         becomes an unlawful non-citizen; and
                    (ii) ends 5 years after the time at which the secondary sponsored person
                         leaves Australia.
          (8) In this regulation:
               costs, in relation to the removal of a former primary sponsored person or a
               former secondary sponsored person from Australia, has the same meaning as in
               paragraph (b) of the definition of costs in section 207 of the Act.