Migration Act s 140K — Liability of sponsors
Text of provision
Refer to the current compilation of the Migration Act 1958 on the Federal Register of Legislation for verbatim text.
Plain English
Section 140K makes approved sponsors financially liable for certain costs that arise in connection with their sponsored workers and their family members. The main cost obligations are:
- Removal costs: If a sponsored person or their family member becomes an unlawful non-citizen and must be removed from Australia, the sponsor may be required to bear the costs of locating and removing that person.
- Location costs: The Department may recover from the sponsor the cost of locating a sponsored person who has become an unlawful non-citizen.
This provision operates as a financial incentive for sponsors to monitor and ensure compliance by their sponsored workers.
Practical effect
In practice, s 140K reinforces the compliance obligations imposed on sponsors under s 140E. Sponsors who fail to ensure their sponsored workers comply with visa conditions — particularly condition 8107 (work only for the sponsor) — may face not only sanctions under s 140H (cancellation of approval) but also financial liability for removal costs under s 140K.
The Department of Home Affairs may issue a debt notice to a sponsor under s 140K. Sponsors who contest liability may seek review of the decision, although the debt is treated as a civil debt recoverable by the Commonwealth.
This liability applies to standard business sponsors under the Subclass 482 (Temporary Skill Shortage) and related employer-sponsored visa programs.