Regulation 2.93 — Unapproved change to professional development program or special program

2.93 Unapproved change to professional development program or special program

(1) This regulation applies to a person who is or was:

(a) a professional development sponsor; or

(b) a special program 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 the person made a change to:

(a) if the person is or was a professional development sponsor—the professional development program; or

(b) if the person is or was a special program sponsor—the special program; or

(c) if the person is or was a temporary activities sponsor referred to in paragraph (1)(c)—the program referred to in that paragraph;

without the approval in writing of the Secretary.

(3) For paragraph 140L(1)(b) of the Act, the criteria that the Minister must to 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 severity of the conduct; and

(b) the past conduct of the person in relation to Immigration; and

(c) the impact, if any, that the taking of the action may have on the Australian community; and

(d) the extent to which the barring of the person as a work sponsor will be an adequate means of dealing with the matter, having regard to:

(i) the seriousness of the inability, or of the failure, to comply; and

(ii) the past conduct of the person; and

(e) any other relevant factors.