{"id":"F2016L01777","name":"Criteria for Approval of Nomination and Occupational Training for the Purposes of Subclass 407 (Training) Visa 2016/108","slug":"criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95446,"registerId":"commonwealth-F2016L01777-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"CRITERIA FOR APPROVAL OF NOMINATION AND ","sectionType":"part","heading":"CRITERIA FOR APPROVAL OF NOMINATION AND OCCUPATIONAL TRAINING FOR THE PURPOSES OF SUBCLASS 407 (TRAINING) VISA 2016/108","content":"# CRITERIA FOR APPROVAL OF NOMINATION AND OCCUPATIONAL TRAINING FOR THE PURPOSES OF SUBCLASS 407 (TRAINING) VISA 2016/108\n\n(Subregulation 2.72A(12))\n\nI, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraphs 2.72A(12)(c) and 2.72A(12)(d) of the Migration Regulations 1994 (the Regulations):\n\n1.  SPECIFY for the purposes of paragraph 2.72A(12)(c) of the Regulations, the following sponsors:\n\na) an agency of:\n\ni) a State; or\n\nii) a Territory;\n\nb) a higher education provider listed from time to time under Subdivision 16-B of the Higher Education Support Act 2003 as a:\n\ni) Table A provider; and\n\nii) Table B provider;\n\nunless the body ceases to be a higher education provider because of  \nsection 16-5 of the Higher Education Support Act 2003; and\n\nc) an entity engaged in the field of:\n\ni) health care;\n\nii) scientific research;\n\niii) social assistance;\n\niv) religious services.\n\n2. SPECIFY for the purposes of paragraph 2.72A(12)(d) of the Regulations, the occupational training will be provided:\n\na) in circumstances where:\n\ni) the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee;\n\nii) the registration, membership or licensing is required in order for the nominee to be employed in the occupation of the nominee in Australia or in the home country of the nominee;\n\niii) the duration of the occupational training is necessary for the nominee to obtain registration, membership or licensing in Australia, or in the home country of the nominee, in relation to the occupation of the nominee, taking into account the prior experience of the nominee;\n\niv) the occupational training is workplace based; and\n\nv) the nominee has appropriate qualifications and experience to undertake the occupational training; or\n\nb) in circumstances where the provider is an associated entity of the sponsor as defined in section 50AAA of the Corporations Act 2001.\n\nThis Instrument, Criteria for Approval of Nomination and Occupational Training for the Purposes of Subclass 407 (Training) Visa 2016/108, IMMI 16/108, commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.\n\nDated: 16 November 2016\n\nPeter Dutton\n\nTHE HON PETER DUTTON MP\n\nMinister for Immigration and Border Protection","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: specifying eligible sponsors and training criteria for the Subclass 407 visa. It does not show evidence of scope creep beyond the regulatory framework established by the Migration Amendment (Temporary Activity Visas) Regulation 2016."},"complexity_factors":["Short, focused instrument with only 2 operative clauses","Minimal cross-referencing — only references to Migration Regulations 1994 (subregulation 2.72A(12)), Higher Education Support Act 2003, and Corporations Act 2001","Straightforward structure: sponsor eligibility (clause 1) and training criteria (clause 2)","Some nested sub-paragraphs (e.g., 2(a)(i) through (v)) but logical progression","Only one defined term incorporated by reference ('associated entity' from Corporations Act 2001)","No exceptions to exceptions or complex conditional logic"],"plain_english_summary":"This instrument limits which organisations can sponsor Subclass 407 (Training) visa applicants — mainly government agencies, universities/higher‑education providers, and organisations in health, research, social assistance or religious services — and defines qualifying workplace‑based training. Training must be tied to professional registration/licensing or be provided by an entity closely linked to the sponsor. It affects Australian sponsors and foreign trainees, and aims to ensure genuine skills development rather than use of the visa to bypass work rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument exercises delegated power under subregulation 2.72A(12) to identify eligible sponsors and the circumstances for approved occupational training. It defines and limits how the existing regulation applies but does not extend the statutory delegation’s scope beyond what the regulation permits."},"complexity_factors":["Relies on cross-references to other statutes: Higher Education Support Act 2003 (Table A/B providers) and Corporations Act 2001 (associated entity) — requires checking external lists and definitions.","Two alternative approval pathways: (a) necessity for registration/licensing with multiple factual subcriteria (necessity, duration, prior experience, workplace basis, qualifications) and (b) provider being an associated entity — creates bifurcated assessment rules.","Several fact-intensive determinations (what is 'necessary' for registration, appropriate duration, 'appropriate qualifications and experience') requiring evidentiary enquiries by decision‑makers.","Compliance burden on sponsors and nominees to demonstrate workplace placement, prior experience and links to registration/licensing.","Delegated executive specification exercised under subregulation 2.72A(12) — some administrative discretion in applying the criteria."],"plain_english_summary":"This instrument specifies which organisations may sponsor Subclass 407 (Training) visa nominations and sets when workplace-based occupational training will be approved. It affects State and Territory agencies, listed Table A/B higher‑education providers, entities in health, scientific research, social assistance or religious services, and nominees who need training to obtain registration or licensing. Decisions under the Migration Regulations require evidence the training is necessary, workplace‑based and matches the nominee’s prior experience (paras 1; 2(a)(i)–(v); 2(b)). Sponsors and nominees bear compliance and training costs; ministerial and agency discretion governs eligibility."}},"importantCases":[],"_links":{"self":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train","history":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/history","analysis":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/analysis","conflicts":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/conflicts","importantCases":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/important-cases","documents":"/api/acts/criteria-for-approval-of-nomination-and-occupational-training-for-the-purposes-of-subclass-407-train/documents"}}