The Notice of Intention to Take Action (NOITTA) is a formal communication from the Department of Home Affairs (DHA) or the Australian Border Force (ABF) that signals potential non-compliance with sponsorship obligations. This notice is crucial for Accredited Sponsors and Standard Business Sponsors, highlighting the importance of adhering to immigration laws.

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Under the Migration Act 1958, the DHA and ABF have extensive powers to monitor compliance, including entering business premises or other places where records are kept, interviewing any persons present, inspecting work, processes, or objects, making copies of any records or documents (including electronic records), requesting access to records, and requesting the production of records within a specified period.

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Non-compliance can lead to severe sanctions for business sponsors, such as:
 

• Cancellation of sponsorship approval.

• Prohibition from sponsoring additional overseas workers.

• Restriction on future applications for business sponsorship.

• Issuance of infringement notices and civil penalties by the courts.

• Imposition of enforceable undertakings between the sponsor and the DHA/ABF.
  
  It is noteworthy that more than one sanction can be applied concurrently.

Important Notice: Migration Amendment (Strengthening Employer Compliance Bill 2023)

The introduction of the Strengthening Employer Compliance Bill has intensified the consequences of non-compliance, making it a criminal offence for employers and third-party providers who exploit visa programs to misuse temporary migrant workers. By addressing compliance issues proactively, businesses can protect their reputation, maintain legal integrity, and ensure the successful employment of sponsored workers in Australia.