Contents
Division 2 · Immigration Minister’s suspension certificate
97Immigration Minister may give a registered provider a suspension certificate#
(1)The Immigration Minister may give an Immigration Minister’s suspension certificate to a registered provider if, in the Immigration Minister’s opinion, a significant number of overseas students or intending overseas students in respect of:
(a)the registered provider; or
(b)another provider that is an associate of the registered provider;
are entering or remaining in Australia for purposes not contemplated by their visas.
Matters that the Minister may consider
(2)In considering whether to give such a certificate, the Immigration Minister may have regard to any of the following:
(a)the number of applications for student visas made by overseas students and intending overseas students, in respect of the registered provider or associate, that have been refused, where there were fraudulent statements made or fraudulent documents given in connection with the application;
(b)the number of the registered provider’s or associate’s accepted students and former accepted students who have breached conditions of their visas;
(c)the number of accepted students and former accepted students of the registered provider or associate who remain in Australia unlawfully after finishing their courses;
(d)any other matter set out in regulations made for the purposes of this paragraph under the Migration Act 1958.
(3)Subsection (2) does not limit the matters to which the Immigration Minister may have regard in considering whether to give a certificate.
(4)For the purposes of paragraph (2)(a), it is immaterial whether or not the fraudulent statements or documents were a reason for refusing the application.
Power to be exercised personally
(5)The power to give an Immigration Minister’s suspension certificate must be exercised by the Immigration Minister personally.
98Procedure for issuing certificate#
Written notice of intention to give certificate
(1)Before issuing the certificate, the Immigration Minister must give the registered provider a written notice:
(a)stating that the Immigration Minister intends to give the provider an Immigration Minister’s suspension certificate, and why; and
(b)giving the provider at least 7 days to give the Immigration Minister written submissions about the matter.
(2)After considering any submission received within that period, the Immigration Minister may give the registered provider the certificate if the Immigration Minister still considers that he or she should do so.
Tabling certificate in Parliament
(3)The Immigration Minister must table a copy of the certificate in both Houses of Parliament within 15 sitting days of giving it to the provider.
Delegating function of giving written notice
(4)The Immigration Minister may, by signed writing, delegate to the Secretary of his or her Department, or to an SES employee or acting SES employee in that Department, the function of giving notices under subsection (1).
99Content of certificate#
(a)state the day on which it takes effect; and
(b)set out why it has been given; and
(c)set out the effect of sections 100, 101 and 102.
100Duration of certificate#
(1)An Immigration Minister’s suspension certificate remains in effect for the period of 6 months beginning on the day that it says it takes effect.
(2)The Immigration Minister may revoke an Immigration Minister’s suspension certificate at any time by giving the registered provider written notice.
101Effect of certificate: offence#
(a)makes an offer to an overseas student, an intending overseas student or any other prescribed non-citizen for him or her to be provided with a course at any location by a registered provider; or
(b)invites an overseas student, an intending overseas student or a prescribed non-citizen to undertake, or apply to undertake, a course at any location offered by a registered provider; or
(c)holds a registered provider out as able or willing to provide a course at any location to overseas students or prescribed non-citizens;
while an Immigration Minister’s suspension certificate is in effect for that registered provider.
Penalty: Imprisonment for 2 years.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(2)The provider is still registered for all other purposes.
(3)In this section:
prescribed non-citizen means a non-citizen (within the meaning of the Migration Act 1958) who is of a kind prescribed for the purposes of this section in regulations made under that Act.
102Further certificates#
(1)Unless, by the end of the period for which an Immigration Minister’s suspension certificate is in effect, the registered provider has satisfied the Immigration Minister that he or she should not be given a further certificate, the Immigration Minister may give the provider a further Immigration Minister’s suspension certificate.
(2)The Immigration Minister does not have to follow the procedure in subsections 98(1) and (2) in order to give a further Immigration Minister’s suspension certificate.
Tabling further certificate in Parliament
(3)However, the Immigration Minister must table a copy of the further certificate in both Houses of Parliament within 15 sitting days of giving it to the provider.
Application of this section to further certificates
(4)This section applies to a further Immigration Minister’s suspension certificate or certificates in the same way as it applies to an original Immigration Minister’s suspension certificate.
103Updating the Register#
(1)The Secretary must cause the Register to be altered appropriately if the Immigration Minister has given or revoked an Immigration Minister’s suspension certificate (or a further such certificate).
(2)However, a failure to do so does not affect the validity of the certificate or revocation.
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.