# Contravention of law

> reg-2.92 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.92 Contravention of law
          (1) This regulation applies to a person who is or was:
               (a) a standard business sponsor; or
               (b) a professional development sponsor; or
               (c) a temporary work sponsor; or
               (d) a temporary activities sponsor; or
               (e) a parent sponsor.

               Contravention of law by person
          (2) For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance for the
              person is that the Minister is satisfied that the person has been found by a court
              or a competent authority to have contravened a Commonwealth, State or
              Territory law.
          (3) For paragraph 140L(1)(b) of the Act, the criteria that the Minister must take into
              account in determining what action (if any) to take under section 140M of the
              Act in relation to the circumstances mentioned in subregulation (2) are:
                (a) the past and present conduct of the person; and







                 (b) the nature of the law that the person has contravened; and
                 (c) the gravity of the unlawful activity; and
                 (d) any other relevant factors.

               Contravention of law by primary sponsored person
          (4) For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance for a
              standard business sponsor, a temporary activities sponsor or a temporary work
              sponsor, in relation to a primary sponsored person, is that the Minister is satisfied
              that each of the following applies:
                (a) the primary sponsored person has been found by a court or a competent
                    authority to have contravened a Commonwealth, State or Territory law;
                (b) the law was a law relating to the licensing, registration or membership of
                    the primary sponsored person in relation to the primary sponsored person’s
                    approved occupation;
                (c) the primary sponsored person was required to comply with the law in order
                    to work in the occupation nominated by the standard business sponsor,
                    temporary activities sponsor or temporary work sponsor and approved by
                    the Minister.
          (5) For paragraph 140L(1)(b) of the Act, the criteria that the Minister must take into
              account in determining what action (if any) to take under section 140M of the
              Act in relation to the circumstances mentioned in subregulation (4) are:
                (a) whether the person took reasonable steps to prevent the primary sponsored
                    person from contravening a law relating to a licensing, registration or
                    membership requirement of the primary sponsored person’s approved
                    occupation; and
               (b) whether any other primary sponsored person, while in the employ of the
                    person, has been found by a court or a competent authority to have
                    contravened a law relating to a licensing, registration or membership
                    requirement; and
                (c) the processes (if any) the person has implemented to ensure future
                    compliance with the licensing, registration or membership requirements of
                    a primary sponsored person’s approved occupation; and
               (d) any other relevant factors.
