(1) Schedule 1 amends the Migration Regulations 1994.
(2) The amendments made by Schedule 1 apply in relation to:
(a) a work agreement:
(i) entered into before 14 September 2009 and continuing in effect on 14 September 2009; or
(ii) entered into on or after 14 September 2009; and
(b) an application for approval as:
(i) a sponsor under section 140E of the Migration Act 1958, as in force immediately before 14 September 2009, made but not finally determined (within the meaning of subsection 5 (9) of that Act) before 14 September 2009, in relation to an applicant for a Subclass 457 (Business (Long Stay)) visa or a Subclass 470 (Professional Development) visa; or
(ii) a standard business sponsor or a professional development sponsor made on or after 14 September 2009; and
(c) an application for approval as a temporary work sponsor (within the meaning given in regulation 1.03 of the Migration Regulations 1994) made on or after 14 September 2009; and
(d) an application for approval of a nomination of an activity made under regulation 1.20G or 1.20GA of the Migration Regulations 1994 as in force immediately before 14 September 2009, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 14 September 2009; and
(e) a nomination of an occupation, a program or an activity made on or after 14 September 2009; and
(f) an application made on or after 14 September 2009 for 1 of the following visas:
(ii) a Subclass 415 (Foreign Government Agency) visa;
(iii) a Subclass 416 (Special Program) visa;
(iv) a Subclass 419 (Visiting Academic) visa;
(v) a Subclass 420 (Entertainment) visa;
(vi) a Subclass 421 (Sport) visa;
(vii) a Subclass 422 (Medical Practitioner) visa;
(viii) a Subclass 423 (Media and Film Staff) visa;
(ix) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(x) a Subclass 428 (Religious Worker) visa;
(xi) a Subclass 442 (Occupational Trainee) visa;
(xii) a Subclass 470 (Professional Development) visa;
(xiii) a Subclass 488 (Superyacht Crew) visa;
(xiv) a Subclass 571 (Schools Sector) visa;
(xv) a Subclass 572 (Vocational Education and Training Sector) visa;
(xvi) a Subclass 573 (Higher Education Sector) visa;
(xvii) a Subclass 574 (Postgraduate Research Sector) visa.
(2A) The amendments made by Schedule 1 do not apply in relation to an application for approval as a sponsor under regulation 1.20AA made on or after 14 September 2009 if the sponsorship is in relation to a visa application made before 14 September 2009.
(3) If item [45] or [46] of Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008 applies to a person, a sponsorship obligation imposed by the amendments made by Schedule 1 starts to apply to the person on the later of:
(a) the date on which the obligation commences for the person; and
(b) 14 September 2009.
(4) The amendments made by items [10] to [21] of Schedule 1 apply in relation to a decision subject to merit review made by the Minister on or after 14 September 2009.
(5) The amendment made by item [160] of Schedule 1 applies in relation to:
(a) a Subclass 457 (Business (Long Stay)) visa:
(i) that is in force on 14 September 2009; and
(ii) on which condition 8107 is imposed; and
(b) a visa:
(i) that is granted on or after 14 September 2009; and
(ii) on which condition 8107 is imposed.
Note Part 2 of Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008 provides transitional matters relevant to the amendments made by that Schedule. The transitional matters include matters relevant to persons who were, immediately before 14 September 2009, approved sponsors, approved professional development sponsors, standard business sponsors and former standard business sponsors.
Schedule 1 Amendments
(regulation 3)
[1] Regulation 1.03, definition of approved professional development sponsor
omit
[1A] Regulation 1.03, definition of approved special student sponsor
Arts Minister means the Minister responsible for administering the National Gallery Act 1975.
[1B] Regulation 1.03, after definition of designated security
domestic worker sponsor means a person who:
(b) is approved as a sponsor in relation to the domestic worker sponsor class by the Minister under subsection 140E (1) of the Act.
[1C] Regulation 1.03, after definition of Employment Minister
entertainment sponsor means a person who:
(b) is approved as a sponsor in relation to the entertainment sponsor class by the Minister under subsection 140E (1) of the Act.
[1D] Regulation 1.03, after definition of eVisitor eligible passport
exchange sponsor means a person who:
(b) is approved as a sponsor in relation to the exchange sponsor class by the Minister under subsection 140E (1) of the Act.
[1E] Regulation 1.03, after definition of foreign armed forces dependant
foreign government agency sponsor means a person who:
(b) is approved as a sponsor in relation to the foreign government agency sponsor class by the Minister under subsection 140E (1) of the Act.
[1F] Regulation 1.03, definition of labour agreement
labour agreement means a formal agreement entered into between:
(a) the Minister, or the Employment Minister; and
(b) a person or organisation in Australia;
under which an employer is authorised to recruit persons to be employed by that employer in Australia.
[1G] Regulation 1.03, definition of net employment benefit
omit
[1H] Regulation 1.03, definition of occupational trainee
omit
[1I] Regulation 1.03, after definition of Occupations Requiring English List
occupational trainee means a person who is in Australia as the holder of a Subclass 442 (Occupational Trainee) visa.
occupational trainee sponsor means a person who:
(b) is approved as a sponsor in relation to the occupational trainee sponsor class by the Minister under subsection 140E (1) of the Act.
[2] Regulation 1.03, after definition of prescribed form
primary sponsored person has the meaning given by subregulation 2.57 (1).
professional development sponsor means a person who:
(b) is approved as a sponsor in relation to the professional development sponsor class by the Minister under subsection 140E (1) of the Act.
Note 1 Approved sponsor is defined in subsection 5 (1) of the Act. A person is no longer an approved sponsor in relation to a class of sponsor if the person’s approval to be a sponsor has been cancelled under section 140M of the Act, or has otherwise ceased to have effect under section 140G of the Act.
Note 2 Different classes of sponsor, in relation to which a person may be approved as a sponsor, are prescribed under subsection 140E (2) of the Act. See regulation 2.58.
[2A] Regulation 1.03, definition of religious institution
religious institution means a body:
(a) the activities of which reflect that it is a body instituted for the promotion of a religious object; and
(b) the beliefs and practices of the members of which constitute a religion due to those members:
(i) believing in a supernatural being, thing or principle; and
(ii) accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and
(c) that meets the requirements of section 50-50 of the Income Tax Assessment Act 1997; and
(d) the income of which is exempt from income tax under section 50-1 of that Act.
religious worker sponsor means a person who:
(b) is approved as a sponsor in relation to the religious worker sponsor class by the Minister under subsection 140E (1) of the Act.
[2B] Regulation 1.03, after definition of secondary exchange student
secondary sponsored person has the meaning given by subregulation 2.57 (1).
[2C] Regulations 1.03, after definition of SOFA forces member
special program sponsor means a person who:
(b) is approved as a sponsor in relation to the special program sponsor class by the Minister under subsection 140E (1) of the Act.
[2D] Regulation 1.03, after definition of sponsorship
sport sponsor means a person who:
(b) is approved as a sponsor in relation to the sport sponsor class by the Minister under subsection 140E (1) of the Act.
[3] Regulation 1.03, after definition of spouse
standard business sponsor means a person who:
(b) is approved as a sponsor in relation to the standard business sponsor class by the Minister under subsection 140E (1) of the Act.
Note 1 Approved sponsor is defined in subsection 5 (1) of the Act. A person is no longer an approved sponsor in relation to a class of sponsor if the person’s approval to be a sponsor has been cancelled under section 140M of the Act, or has otherwise ceased to have effect under section 140G of the Act.
Note 2 Different classes of sponsor, in relation to which a person may be approved as a sponsor, are prescribed under subsection 140E (2) of the Act. See regulation 2.58.
Note 3 A person who, immediately before 14 September 2009, was a standard business sponsor or an approved sponsor (other than an approved professional development sponsor), is taken to be approved as a sponsor in relation to the standard business sponsor class under section 140E of the Act. The terms specified in the person’s approval, immediately before 14 September 2009, continue to apply. See item 45 of Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008.
[3A] Regulation 1.03, after definition of superyacht
superyacht crew sponsor means a person who:
(b) is approved as a sponsor in relation to the superyacht crew sponsor class by the Minister under subsection 140E (1) of the Act.
[3B] Regulation 1.03, after definition of temporary entry permit
temporary work sponsor means any of the following:
(a) an exchange sponsor;
(b) a foreign government agency sponsor;
(c) a special program sponsor;
(d) a visiting academic sponsor;
(e) an entertainment sponsor;
(f) a sport sponsor;
(g) a domestic worker sponsor;
(h) a religious worker sponsor;
(i) an occupational trainee sponsor;
(j) a superyacht crew sponsor.
[3C] Regulation 1.03, after definition of transit passenger
visiting academic sponsor means a person who:
(b) is approved as a sponsor in relation to the visiting academic sponsor class by the Minister under subsection 140E (1) of the Act.