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Migration Act 1958
140ADivision applies to prescribed kinds of visa
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140A Division applies to prescribed kinds of visa
This Division applies to visas of a prescribed kind (however described).
140AA Purposes of this Division
(1) The purposes of this Division, to the extent it applies in relation to the temporary sponsored work visa program, are as follows:
(a) to provide a framework for the program in order to address genuine skills shortages;
(b) to address genuine skills shortages in the Australian labour market:
(i) without displacing employment and training opportunities for Australian citizens and Australian permanent residents (within the meaning of the regulations); and
(ii) without the program serving as a mainstay of the skilled migration program;
(c) to balance the objective of ensuring employment and training opportunities for Australian citizens and Australian permanent residents with that of upholding the rights of non‑citizens sponsored to work in Australia under the program;
(d) to impose obligations on work sponsors to ensure that:
(i) non‑citizens sponsored to work in Australia under the program are protected; and
(ii) the program is not used inappropriately;
(e) to enable monitoring, detection, deterrence and enforcement in relation to any inappropriate use of the program;
(f) to give Fair Work Inspectors (including the Fair Work Ombudsman) and inspectors appointed under this Division the necessary powers and functions to investigate compliance with the program.
(2) The purposes of this Division, to the extent it applies in relation to the sponsored family visa program, are:
(a) to strengthen the integrity of the program; and
(b) to place greater emphasis on the assessment of persons as family sponsors; and
(c) to improve the management of family violence in the delivery of the program.
(3) The purposes referred to in subsection (2) are to be achieved by establishing a framework that:
(a) requires the approval of persons as family sponsors before any relevant visa applications are made; and
(b) imposes obligations on persons who are or were approved family sponsors; and
(c) provides for sanctions if such obligations are not satisfied; and
(d) facilitates the sharing of personal information in accordance with this Division.
140AB Ministerial Advisory Council on Skilled Migration
(1) The Minister must take all reasonable steps to ensure that, at all times, there is in existence a council that:
(a) is known as the Ministerial Advisory Council on Skilled Migration; and
(b) is established under the executive power of the Commonwealth; and
(c) includes representatives of unions, industry and State and Territory governments and other members (if any) nominated by the Minister; and
(d) meets at least quarterly.
(2) Without limiting its functions apart from this section, the Ministerial Advisory Council on Skilled Migration is to provide advice to the Minister in relation to the temporary sponsored work visa program.
Subdivision B—Approval of sponsors