Sponsor obligations under s.140H Migration Act

Migration Act 1958 s.140H + Migration Regulations 1994 Subdivision 2.19 establish sponsor obligations. Breaches carry administrative sanctions, civil penalties (up to AUD 13,200 per breach), and potential criminal liability.

Sponsor obligations are PERPETUAL during sponsorship period (5 years from SBS approval) + 2 years post-sponsorship.

Draft 500-600 word sponsor compliance brief for [EMPLOYER_NAME] (Sponsor Type: [SPONSOR_TYPE]).

§1 — RECORDS OBLIGATIONS (s.140H + Reg 2.84) (130-160 words)

Maintain records for:
  • Each nominated worker (visa application + visa grant + visa conditions)
  • Each nomination (position description + ANZSCO matching + LMT evidence)
  • Salary, allowances, deductions
  • Hours worked
  • Tax withholdings (Pay-As-You-Go)
  • Superannuation contributions
  • Health insurance (OSHC for SC500 dependents, private cover for 482 dependents)
  • Workplace health and safety incidents
  • Training delivered

Records retention:
  • 5 years from creation
  • Available for DHA monitoring inspections
  • Available for ABN-issuing authority audits

For [EMPLOYER_NAME] with [VISA_NOMINEES_COUNT] current nominees: ensure record-keeping system covers all.

§2 — EQUAL TREATMENT OBLIGATION (s.140H + reg 2.86) (100-130 words)

[EMPLOYER_NAME] must NOT:
  • Pay sponsored workers less than Australian/PR workers performing same role
  • Subject sponsored workers to worse conditions than Australian/PR workers
  • Charge recruitment fees to sponsored workers
  • Require sponsored workers to pay relocation costs that Australians wouldn't pay
  • Discriminate against sponsored workers in promotion, training, other workplace decisions

The "no less favourable" rule applies to:
  • Salary
  • Hours
  • Leave
  • Conditions
  • Career progression
  • Training opportunities

Breach examples:
  • Charging worker AUD 5,000 for "visa processing"
  • Paying 482 worker AUD 60,000 when comparable Australian earns AUD 75,000
  • Restricting 482 worker's training while offering it to PR employees

§3 — REPORTING OBLIGATIONS (Reg 2.85) (130-160 words)

[EMPLOYER_NAME] must notify DHA within prescribed periods of:

Worker-specific events:
  • Worker ceases employment with sponsor: within 28 days (Form 1019)
  • Worker changes work location: within 14 days
  • Worker dies: within 28 days
  • Worker has criminal proceedings: as required by regulation

Sponsor-specific events:
  • Change of legal status (e.g. business sold): within 28 days
  • Change of address: within 14 days
  • Sponsor breach noted: notify DHA
  • Worker's visa is cancelled: within 28 days

Failure to report = enforcement action.

§4 — COOPERATION + MONITORING OBLIGATION (s.140K) (80-100 words)

[EMPLOYER_NAME] must:
  • Cooperate with DHA monitoring inspections (announced or unannounced)
  • Provide documents requested by DHA officers
  • Allow site visits during normal business hours
  • Respond to s.140K notices within prescribed time
  • Maintain accurate records for DHA review

Inspectors can:
  • Enter business premises
  • Inspect records
  • Interview workers
  • Issue notices for additional information

§5 — TRAINING + COMPLIANCE OBLIGATIONS (130-160 words)

For non-Accredited Sponsors:
  • Annual contribution to training Australian workers
  • Either:
    (a) 1% of payroll on Australian workforce training, OR
    (b) Contribution to industry training fund equivalent to 2% of payroll
  • Records of training delivered

Accredited Sponsors:
  • Higher training obligation
  • Specific reporting requirements

SAF levy (post-2018 reform):
  • Replaces training contribution for most sponsors
  • Paid at nomination ($1,200-$1,800 per nominee per year of visa)
  • Non-refundable

§6 — BREACH CONSEQUENCES (40-60 words)

Sanctions for breach:
  • Administrative warnings
  • Civil penalties up to AUD 13,200 per breach
  • Sponsorship cancellation
  • Bar from future sponsorship (1-5 years)
  • Criminal prosecution for serious cases (e.g. exploitation)

§7 — SPONSOR COMPLIANCE CHECKLIST (40-60 words)

  □ Records system covering all sponsored workers
  □ Annual training contribution OR SAF levy paid
  □ Equal treatment policy in place
  □ Reporting process for worker / sponsor events
  □ Cooperation procedures for DHA inspections
  □ HR familiar with obligations

End with: "DRAFT SPONSOR OBLIGATIONS BRIEF — for [EMPLOYER_NAME] and HR / migration counsel review. Civil penalty exposure is AUD 13,200 per breach; pattern of breaches can trigger sponsorship cancellation + 5-year future sponsorship bar. Annual compliance audit recommended for sponsors with >5 active nominees."