# Failure to comply with certain terms of special program agreement or professional development agreement

> reg-2.94A — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.94A Failure to comply with certain terms of special program agreement or
          professional development agreement
          (1) This regulation applies to a person who is or was:
               (a) a special program sponsor; or
               (b) a professional development sponsor; or
               (c) a temporary activities sponsor who is conducting, or has conducted, a
                    program referred to in subclause 408.228(2) (youth exchange program) or
                    (5) (other program) of Schedule 2.
          (2) For subparagraph 140L(1)(a)(ii) of the Act, an additional circumstance is that the
              Minister is satisfied that:
               (a) if the person is or was a special program sponsor—the person has not
                    complied with a term or condition of the special program agreement in
                    relation to which the special program sponsor was approved; or
               (b) if the person is or was a professional development sponsor—the person has
                    not complied with a term or condition of the professional development
                    agreement in relation to which the professional development sponsor was
                    approved; or
               (c) if the person is or was a temporary activities sponsor—the person has not
                    complied with a term or condition of the special program agreement
                    referred to in paragraph 408.228(2)(c) or (5)(c) (as the case requires) of
                    Schedule 2.
          (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 circumstance mentioned in subregulation (2) are:
                (a) the past and current conduct of the person in relation to Immigration; and
               (b) the extent to which the person has not complied with the special program
                    agreement or professional development agreement; and
                (c) the number of occasions on which the person has failed to comply with the
                    special program agreement or professional development agreement; and
               (d) any other relevant factors.