For section 140A of the Act, Division 3A of Part 2 of the Act applies to the following kinds of visa:
(a) the Subclass 411 (Exchange) visa;
(b) the Subclass 415 (Foreign Government Agency) visa;
(c) the Subclass 416 (Special Program) visa;
(d) the Subclass 419 (Visiting Academic) visa;
(e) the Subclass 420 (Entertainment) visa;
(f) the Subclass 421 (Sport) visa;
(g) the Subclass 423 (Media and Film Staff) visa;
(h) the Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(i) the Subclass 428 (Religious Worker) visa;
(j) the Subclass 442 (Occupational Trainee) visa;
(k) the Subclass 457 (Business (Long Stay)) visa;
(l) the Subclass 470 (Professional Development) visa;
(m) the Subclass 488 (Superyacht Crew) visa.
2.57 Interpretation
(1) In this Part:
ASCO means the Australian Standard Classification of Occupations.
associated entity has the same meaning as in section 50AAA of the Corporations Act 2001.
Australian organisation means a body corporate, a partnership or an unincorporated association (other than an individual or a sole trader) that is lawfully established in Australia.
base rate of pay means the rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following:
(a) incentive-based payments and bonuses;
(b) loadings;
(c) monetary allowances;
(d) overtime or penalty rates;
(e) any other separately identifiable amounts.
Note This definition is based on the definition of base rate of pay in section 16 of the Fair Work Act 2009.
competent authority means a Department or regulatory authority that administers or enforces a law that is alleged to have been contravened.
foreign government agency includes the following:
(a) an organisation:
(i) that is conducted under the official auspices of a foreign national government; and
(ii) that is operating in Australia;
including foreign tourist and media bureaus, trade offices and other foreign government entities;
(b) a foreign diplomatic or consular mission in Australia;
(c) an organisation conducted under the official auspices of an international organisation recognised by Australia.
government agency means an agency of the Commonwealth or of a State or Territory.
officer:
(a) for a corporation — has the same meaning as in section 9 of the Corporations Act 2001; and
(b) for an entity that is neither an individual nor a corporation — has the same meaning as in section 9 of the Corporations Act 2001.
overseas employer, in relation to a person who applies, or proposes to apply, for a Sponsored Training (Temporary) (Class UV) visa, means:
(a) a body corporate or an unincorporated association (other than an individual or sole trader) that:
(i) conducts activities under the auspices of the government of a foreign country or a province, territory or state of a foreign country; and
(ii) has agreed to the professional development sponsor, or the proposed professional development sponsor, lodging a visa application on behalf of the person; or
(b) a multilateral agency that:
(i) is operating; and
(ii) has operated for a continuous period of 12 months before the date of the application; and
(iii) has agreed to the professional development sponsor, or the proposed professional development sponsor, lodging a visa application on behalf of the person; or
(c) a registered business that:
(i) is conducted by a body corporate or unincorporated association (other than an individual or sole trader) outside Australia; and
(ii) is actively and lawfully operating outside Australia; and
(iii) has actively and lawfully operated outside Australia for a continuous period of 12 months before the date of application; and
(iv) employs the person.
participant costs, for a primary sponsored person in a professional development program conducted by a professional development sponsor, means the costs of:
(a) the primary sponsored person’s travel and entry to Australia; and
(b) the primary sponsored person’s tuition for the professional development program; and
(c) the primary sponsored person’s accommodation in Australia; and
(d) the primary sponsored person’s living expenses in Australia; and
(e) the primary sponsored person’s health insurance in Australia; and
(f) the primary sponsored person’s return travel from Australia.
primary sponsored person:
(a) in relation to a person who is or was approved as a sponsor in a class of sponsor (the approved sponsor) under subsection 140E (1) of the Act — means:
(A) who holds a visa prescribed for the purpose of section 140A of the Act; and
(B) who:
(I) was last identified in an approved nomination by the approved sponsor; or
(II) satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or
(C) whose last substantive visa was a visa prescribed for section 140A of the Act; and
(D) who:
(I) was last identified in an approved nomination by the approved sponsor; or
(II) satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or
(b) in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister) — means:
(A) who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(B) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(C) whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(D) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.
professional development agreement means an agreement that meets the requirements mentioned in subregulation 2.60 (2).
professional development program means a program that meets the requirements mentioned in subregulation 2.60 (3).
related body corporate has the same meaning as in section 50 of the Corporations Act 2001.
secondary sponsored person:
(a) in relation to a person who is or was approved as a sponsor in a class of sponsor (the approved sponsor) under subsection 140E (1) of the Act — means:
(A) who holds a visa prescribed for the purposes of section 140A of the Act; and
(B) who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and
(C) either:
(I) who was last identified in an approved nomination by the approved sponsor; or
(II) in relation to whom the approved sponsor was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the approved sponsor; or
(A) who holds a visa prescribed for the purposes of section 140A of the Act; and
(B) who is taken to have been granted the visa at the time of the person’s birth under section 78 of the Act; and
(C) who is a member of the family unit of:
(I) a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or
(II) a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or
(iii) a person:
(C) whose last substantive visa was a visa prescribed for the purposes of section 140A of the Act; and
(D) who was taken to have been granted the visa at the time of the person’s birth under section 78 of the Act; and
(E) who is a member of the family unit of:
(I) a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or
(II) a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or
(iv) a person:
(C) whose last substantive visa was a visa prescribed for the purposes of section 140A of the Act; and
(D) who was granted the visa on the basis of satisfying the secondary criteria for the grant of the visa; and
(E) either:
(I) who was last identified in an approved nomination by the approved sponsor; or
(II) in relation to whom the approved sponsor was the last person to have agreed in writing to the person being a secondary sponsored person in relation to the approved sponsor; or
(b) in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister) — means:
(A) who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(B) who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and
(C) either:
(I) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(II) in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or
(A) who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(B) who is taken to have been granted the visa at the time of the person’s birth under section 78 of the Act; and
(C) who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(iii) a person:
(C) whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(D) the visa was granted on the basis of satisfying the secondary criteria for the grant of the visa; and
(E) either:
(I) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(II) in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or
(iv) a person:
(C) whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(D) the visa was taken to have been granted at the time of the person’s birth under section 78 of the Act; and
(E) who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.
sporting organisation means an Australian organisation that administers or promotes sport or sporting events.
Note Approved sponsor is defined in subsection 5 (1) of the Act.
(2) In this Part:
(a) a person (the associated person) is associated with a person that is a corporation if the associated person is an officer of the corporation, a related body corporate or an associated entity; and
(b) a person (the associated person) is associated with a person that is a partnership if the associated person is a partner of the partnership; and
(c) a person (the associated person) is associated with a person that is an unincorporated association if the associated person is a member of the association’s committee of management; and
(d) a person (the associated person) is associated with a person that is an entity not mentioned in paragraphs (a), (b) and (c) if the associated person is an officer of the entity.
(3) In this Part, adverse information means any adverse information relevant to a person’s suitability as an approved sponsor, and includes information that:
(a) the person, or a person associated with the person:
(i) has been found guilty by a court of an offence under a Commonwealth, State or Territory law; or
(ii) has, to the satisfaction of a competent authority, acted in contravention of a Commonwealth, State or Territory law; or
(iii) has been the subject of administrative action (including being issued with a warning), by a competent authority, for a possible contravention of a Commonwealth, State or Territory law; or
(iv) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to an alleged contravention of a Commonwealth, State or Territory law; or
(v) has become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001; and
(b) the law mentioned in subparagraphs (a) (i) to (iv) relates to one or more of the following matters:
(i) discrimination;
(ii) immigration;
(iii) industrial relations;
(iv) occupational health and safety;
(v) people smuggling and related offences;
(vi) slavery, sexual servitude and deceptive recruiting;
(vii) taxation;
(viii) terrorism;
(ix) trafficking in persons and debt bondage; and
(c) the conviction, finding of non‑compliance, administrative action, investigation, legal proceedings or insolvency occurred within the previous 3 years.
(3A) In this Part, a set of terms and conditions of employment for a person (the first set) is less favourable than another set of terms and conditions of employment for a person if:
(a) the earnings provided for in the first set are less than the earnings provided for in the other set; and
(b) there is no substantial contrary evidence that the first set is not less favourable than the other set.
(4) In this Part, the entry of a person to Australia is taken to confer a net employment benefit on Australia if:
(a) the person seeks to enter or remain in Australia to carry out an activity individually or in association with a group; and
(b) the Minister is satisfied that the carrying out of the activity would lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity.
(5) In this Part, a person will perform a volunteer role if:
(a) the person will not receive remuneration for performing the duties of the position, other than the following:
(i) reimbursement for reasonable expenses incurred by the person in performing the duties;
(ii) prize money; and
(b) the duties would not otherwise be carried out by an Australian citizen or an Australian permanent resident in return for wages.
2.57A Meaning of earnings
(1) In this Part, a person’s earnings include:
(a) the person’s wages; and
(b) amounts applied or dealt with in any way on the person’s behalf or as the person directs; and
(c) the agreed money value of non-monetary benefits.
(2) However, an employee’s earnings do not include the following:
(a) payments the amount of which cannot be determined in advance;
(b) reimbursements;
(c) contributions to a superannuation fund to the extent that they are contributions to which subregulation (4) applies.
Note Some examples of payments covered by paragraph (a) are commissions, incentive-based payments and bonuses, and overtime (unless the overtime is guaranteed).
(3) Non-monetary benefits are benefits other than an entitlement to a payment of money:
(a) to which the employee is entitled in return for the performance of work; and
(b) for which a reasonable money value has been agreed by the employee and the employer.
(4) This subregulation applies to contributions that the employer makes to a superannuation fund to the extent that 1 or more of the following applies:
(a) the employer would have been liable to pay a superannuation guarantee charge under the Superannuation Guarantee Charge Act 1992 in relation to the person if the amounts had not been so contributed;
(b) the employer is required to contribute to the fund for the employee’s benefit in relation to a defined benefit interest (within the meaning of section 292-175 of the Income Tax Assessment Act 1997) of the employee;
(c) the employer is required to contribute to the fund for the employee’s benefit under a law of the Commonwealth, or of a State or a Territory.
Note This definition is based on the definition of earnings in section 332 of the Fair Work Act 2009.
Division 2.12 Classes of sponsor
2.58 Classes of sponsor
For subsection 140E (2) of the Act, the following are classes of sponsor in relation to which a person may be approved as a sponsor:
(a) a standard business sponsor;
(b) a professional development sponsor.
(c) an exchange sponsor;
(d) a foreign government agency sponsor;
(e) a special program sponsor;
(f) a visiting academic sponsor;
(g) an entertainment sponsor;
(h) a sport sponsor;
(i) a domestic worker sponsor;
(j) a religious worker sponsor;
(k) an occupational trainee sponsor;
(l) a superyacht crew sponsor.
Note The definition of approved sponsor in subsection 5 (1) of the Act provides that an approved sponsor includes a person (other than a Minister) who is a party to a work agreement. A party to a work agreement is not required to apply for approval as a sponsor, and is not required to be approved as a sponsor in relation to a class of sponsor.
Division 2.13 Criteria for approval of sponsor
Note A party to a work agreement is not required to apply for approval as a sponsor, and is not required to be approved as a sponsor in relation to a class of sponsor.
2.59 Criteria for approval as a standard business sponsor
For subsection 140E (1) of the Act, the criterion that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a standard business sponsor is that the Minister is satisfied that:
(a) the applicant has applied for approval as a standard business sponsor in accordance with the process set out in regulation 2.61; and
(i) is not a standard business sponsor; or
(ii) is a standard business sponsor because of the application of subclause 45 (2) of Part 2 of Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008; and
(c) the applicant is lawfully operating a business (whether in or outside Australia); and
(d) if the applicant is lawfully operating a business in Australia, and has traded in Australia for 12 months or more — the applicant meets the benchmarks for the training of Australian citizens and Australian permanent residents specified in an instrument in writing made for this paragraph; and
(e) if the applicant is lawfully operating a business in Australia, and has traded in Australia for less than 12 months — the applicant has an auditable plan to meet the benchmarks specified in the instrument, in writing, made for paragraph (d); and
(f) if the applicant is lawfully operating a business in Australia —the applicant has attested, in writing, that the applicant has a strong record of, or a demonstrated commitment to:
(i) employing local labour; and
(ii) non-discriminatory employment practices; and
(g) either:
(i) there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant; and
(h) if the applicant is lawfully operating a business outside Australia and does not lawfully operate a business in Australia — the applicant is seeking to be approved as a standard business sponsor in relation to a holder of, or an applicant or a proposed applicant (the visa applicant) for, a Subclass 457 (Business (Long Stay)) visa, and the applicant intends for the visa holder or visa applicant to:
(i) establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or
(ii) fulfil, or assist in fulfilling, a contractual obligation of the applicant.
Note for subparagraph (b) (ii) A person approved as a standard business sponsor before 14 September 2009 can make a new application to become a standard business sponsor on or after 14 September 2009. A person approved as a standard business sponsor on or after 14 September 2009, and who has not ceased to be a standard business sponsor, can apply under section 140GA of the Act for a variation of the terms of approval as a sponsor to extend the duration of the sponsorship approval — see regulation 2.68.
Note for paragraph (g) The meanings of associated with and adverse information are explained in subregulations 2.57 (2) and (3).
2.60 Criteria for approval as a professional development sponsor
(1) For subsection 140E (1) of the Act, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a professional development sponsor is that the Minister is satisfied that:
(a) the applicant is an Australian organisation or a government agency; and
(i) is a party to a professional development agreement that meets the requirements mentioned in subregulation (2); and
(ii) the agreement is in force at the time of the Minister’s consideration of the application; and
(c) the applicant is offering to conduct a professional development program that satisfies the requirements mentioned in subregulation (3); and
(d) the applicant has demonstrated an overall capacity to conduct a professional development program involving primary sponsored persons; and
(e) the applicant:
(i) has the capacity to meet its financial commitments; and
(ii) has paid any security requested by an authorised officer under section 269 of the Act; and
(f) each of the parties to the professional development agreement has the capacity to meet its financial commitments; and
(g) if an overseas employer that is a party to a professional development agreement with the applicant has previously been required to comply with the immigration laws of Australia — the overseas employer has a satisfactory record of compliance; and
(h) either:
(i) there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant.
Note for paragraph (h) The meanings of associated with and adverse information are explained in subregulations 2.57 (2) and (3).
(2) A professional development agreement must meet the following requirements:
(a) the parties to the agreement must include:
(i) a person (the applicant) intending to apply for approval as a professional development sponsor who is:
(A) an Australian organisation that has operated in Australia continuously for a period of 12 months immediately prior to the making of the agreement; or
(B) an Australian organisation that has been approved by the Minister for the purpose of this sub-subparagraph; or
(C) a government agency; and
(ii) an overseas employer of a person intended to be a primary sponsored person;
(b) the applicant under subparagraph (a) (i) must be an Australian organisation or a government agency;
(c) the agreement must specify the person or persons responsible for paying the participant costs of a primary sponsored person;
(d) the agreement must not require a primary sponsored person to pay the costs of the tuition of a professional development program;
(e) the agreement must specify:
(i) particulars of the professional development program to be provided by the professional development sponsor; and
(ii) particulars of any other matter to be provided by the professional development sponsor; and
(iii) the roles of each of the parties to the agreement; and
(iv) the duration of the agreement; and
(v) particulars of the conflict resolution arrangements under the agreement, including arrangements for the mediation of disputes; and
(vi) particulars of any arrangements for the subcontracting of the delivery of any part of the professional development program; and
(vii) particulars of the arrangements for insurance relating to the professional development sponsor; and
(viii) particulars of the arrangements for the recovery of costs if the professional development sponsor, or any other provider of the professional development program, ceases operations for any reason; and
(ix) a description of the characteristics of the person or persons the overseas employer proposes to select as proposed primary sponsored persons, and how the proposed primary sponsored persons will be selected;
(f) if it is intended that a primary sponsored person will pay some of their participation costs — the agreement must contain:
(i) a statement that the proposed primary sponsored person will be expected to meet the costs specified in the agreement; and
(ii) a declaration from the overseas employer that only an employee that the employer is satisfied is able to meet the costs specified in the agreement will be selected as a primary sponsored person;
(g) the agreement must be signed and dated by an authorised representative of each party to the agreement.
(3) A professional development program must meet the following requirements:
(a) the program must be relevant to, and consistent with, the development of the skills of the managers or professionals, or both, that it is proposed will participate in the program;
(b) the program must provide skills and expertise relevant to, and consistent with, the business and business background of a proposed primary sponsored person’s overseas employer;
(c) the duration of the program must not exceed:
(i) 18 months; or
(ii) if the Secretary is satisfied that exceptional circumstances exist that warrant an extension of the period of the program — a longer period approved by the Secretary;
(d) the primary form of the program must be the provision of face-to-face teaching in a classroom or similar environment;
(e) the primary content of the program must not be a practical component;
(f) any practical component of the program:
(i) must not exceed 7 hours in any day and 35 hours in any week; and
(ii) must not adversely affect the Australian labour market; and
(iii) must require or involve the payment of remuneration to a proposed primary sponsored person only by the proposed primary sponsored person’s overseas employer.
2.60A Criterion for approval as a temporary work sponsor
For subsection 140E (1) of the Act, the criterion that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a temporary work sponsor is that the Minister is satisfied that:
(a) the applicant has applied for approval as a temporary work sponsor in accordance with the process set out in regulation 2.61; and
(b) the applicant is not already a sponsor of the class for which the applicant is applying; and
(i) there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant; and
(d) the applicant has the capacity to comply with the sponsorship obligations applicable to a person who is or was a sponsor of the class for which the applicant has applied.
2.60B Criterion for approval as an exchange sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as an exchange sponsor is that the person is:
(b) a government agency.
2.60C Criterion for approval as a foreign government agency sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a foreign government agency sponsor is that the person is a foreign government agency.
2.60D Criterion for approval as a special program sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a special program sponsor is that:
(a) either:
(i) if the applicant is proposing to conduct a youth exchange program that has been approved by the Secretary — the applicant is an Australian organisation or a government agency; or
(ii) in any other case — the applicant is a community‑based, non-profit Australian organisation, or a government agency; and
(b) if the applicant is an Australian organisation — the applicant is lawfully operating in Australia; and
(i) the applicant is a party to a special program agreement with the Secretary; or
(ii) the special program the applicant is proposing to conduct is either:
(A) the School to School Interchange Program; or
(B) the School Language Assistants Program; and
(d) the applicant is proposing to conduct a special program that meets the following requirements:
(i) the program is a youth exchange program, or has the object of cultural enrichment or community benefits;
(ii) the program has been approved in writing by the Secretary, either:
(A) for the purposes of this sub-subparagraph; or
(B) for the purposes of paragraph 416.222 (b) or (c) of Schedule 2 as in force immediately before the commencement of this regulation.
2.60E Criterion for approval as a visiting academic sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a visiting academic sponsor is that the person:
(a) is an Australian tertiary institution or an Australian research institution; and
(b) is lawfully established in Australia; and
(c) is lawfully operating in Australia.
2.60F Criterion for approval as an entertainment sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as an entertainment sponsor is that the person is:
(b) a government agency; or
(i) an Australian citizen; or
(ii) an Australian permanent resident; or
(iii) an eligible New Zealand citizen;
who is usually resident in Australia.
2.60G Criterion for approval as a sport sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a sport sponsor is that the person is a sporting organisation that is lawfully operating in Australia.
2.60H Criterion for approval as a domestic worker sponsor
(1) For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a domestic worker sponsor is that the person is an eligible Subclass 457 visa holder.
(2) For subregulation (1), a person is an eligible Subclass 457 visa holder if the person:
(a) holds a Subclass 457 (Business (Long Stay)) visa; and
(b) was granted the Subclass 457 (Business (Long Stay)) visa on the basis of meeting the requirements of subclause 457.223 (2), (4), (7A), (9) or (10) of Schedule 2; and
(c) has been appointed to, or holds the position of:
(i) national managing director; or
(ii) deputy national managing director; or
(iii) state manager;
of an Australian office of a foreign organisation.
2.60I Criterion for approval as a religious worker sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a religious worker sponsor is that the person is a religious institution that is lawfully operating in Australia.
2.60J Criterion for approval as an occupational trainee sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as an occupational trainee sponsor is that the person is:
(b) a government agency.
2.60K Criterion for approval as a superyacht crew sponsor
For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a superyacht crew sponsor is that the person is the captain or owner of a superyacht.
Division 2.14 Application for approval as a sponsor
2.61 Application for approval as a sponsor
(1) For subsection 140F (1) of the Act, a person may apply to the Minister for approval as a sponsor in relation to a class of sponsor in accordance with the process set out in this Division.
Note A party to a work agreement is not required to apply for approval as a sponsor, and is not required to apply for approval as a sponsor in relation to a class of sponsor.
(2) Subject to subregulation (3), a person mentioned in an item of the table must:
(a) make the application in accordance with the approved form mentioned in the item; and
(b) pay the application fee (if any) mentioned in the item.
Item
If the person makes an application for approval as …
the approved form is …
and the application fee is …
1
(a) a standard business sponsor; and(b) operates a business in Australia
1196S; or1196 (Internet)
$345
2
(a) a standard business sponsor; and(b) does not operate a business in Australia
1196S
$345
3
(a) a professional development sponsor; and(b) is a Commonwealth agency
1226
nil
4
(a) a professional development sponsor; and(b) is not a Commonwealth agency
1226
$1 370
5
a temporary work sponsor (other than a superyacht crew sponsor)
1377
$345
6
a superyacht crew sponsor
1366
nil
(3) If:
(a) a person mentioned in the table in subregulation (2) (the applicant) paid a sponsorship fee under regulation 5.38 in relation to an application for approval as a sponsor before 14 September 2009; and
(b) the applicant was approved as a sponsor in relation to the application before 14 September 2009 but no earlier than 1 July 2009; and
(c) no visa application was lodged in relation to sponsorship by the applicant before 14 September 2009;
the application fee for the first application for approval as a sponsor made by the applicant on or after 14 September 2009 is nil.
(4) If a person is applying to be approved as a temporary work sponsor (other than a superyacht crew sponsor), the person must make the application:
(b) by delivering the application by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this paragraph; or
(c) by faxing the application to the fax number specified by the Minister in an instrument in writing for this paragraph.
(5) For subregulation (4), the Minister may specify different addresses and fax numbers for applications for different classes in relation to which a person may be approved as a sponsor.
(6) If a person is applying to be approved as a superyacht crew sponsor, the person must make the application:
(b) by delivering the application by courier service to the address specified by the Minister in an instrument in writing for this paragraph; or
(c) by faxing the application to the fax number specified by the Minister in an instrument in writing for this paragraph.
2.62 Notice of decision
(1) The Minister must notify an applicant for approval as a sponsor, in writing, of a decision under subsection 140E (1) of the Act:
(b) by attaching a written copy of the approval or refusal; and
(c) if the decision is a refusal — by attaching a statement of reasons for the refusal.
(2) If the application was made using approved form 1196 (Internet), the Minister may provide the notification to the applicant in an electronic form.
Division 2.15 Terms of approval of sponsorship
2.63 Standard business sponsor or temporary work sponsor
(1) For subsection 140G (2) of the Act, a kind of term of an approval as a standard business sponsor or temporary work sponsor is the duration of the approval.
(2) The duration of the approval may be specified:
(a) as a period of time; or
(b) as ending on a particular date; or
(c) as ending on the occurrence of a particular event.
2.64 Professional development sponsor
(1) For subsection 140G (3) of the Act, the terms of approval as a professional development sponsor are prescribed in this regulation.
(2) An approval as a professional development sponsor has effect only in relation to:
(a) the professional development program specified in the application for approval, as varied from time to time by agreement between the professional development sponsor and the Secretary; and
(b) the professional development agreement or agreements specified in the application for approval; and
(c) the overseas employer or employers specified in the application for approval.
(3) An approval as a professional development sponsor ceases on the earlier of:
(a) 3 years after the day on which the approval is granted; and
(b) the day on which the professional development agreement specified in the application for approval ends.
2.64A Special program sponsor
(1) For subsection 140G (3) of the Act, the terms of approval as a special program sponsor are prescribed in this regulation.
(2) An approval as a special program sponsor has effect only in relation to:
(a) the special program specified in the application for approval, as varied from time to time by agreement between the special program sponsor and the Secretary; and
(b) the special program agreement or agreements specified in the application for approval, as varied from time to time by agreement between the special program sponsor and the Secretary; and
(c) the employer or employers specified in the application for approval.
Division 2.16 Variation of terms of approval of sponsorship
2.65 Application
This Division applies to a person who is a standard business sponsor or a temporary work sponsor.
2.66 Process to apply for variation of terms of approval — standard business sponsor
(1) For subsection 140GA (1) of the Act, a person may apply to the Minister for a variation of a term of an approval as a standard business sponsor in accordance with the process set out in this regulation.
(2) The person must make the application in accordance with approved form 1196S or approved form 1196 (Internet).
(3) However, if the person does not operate a business in Australia, the person must make the application in accordance with approved form 1196S.
(4) The application must be accompanied by a fee of $345.
2.66A Process to apply for variation of terms of approval — temporary work sponsor
(1) For subsection 140GA (1) of the Act, a person may apply to the Minister for a variation of a term of an approval as a temporary work sponsor (other than a superyacht crew sponsor) by making an application in accordance with approved form 1377.
(2) The application mentioned in subregulation (1) must:
(a) be accompanied by a fee of $345; and
(b) be made:
(i) by posting the application (with the correct pre-paid postage):
(A) to the address specified by the Minister in an instrument in writing for this sub-subparagraph; or
(B) if no legislative instrument has been made for sub-subparagraph (A) — to an office of Immigration in Australia; or
(ii) by delivering the application by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this subparagraph; or
(iii) by faxing the application to the fax number specified by the Minister in an instrument in writing for this subparagraph.
(3) For paragraph (2) (b), the Minister may specify different addresses and fax numbers for applications for different classes in relation to which a person may be approved as a sponsor.
(4) For subsection 140GA (1) of the Act, a person may apply to the Minister for a variation of a term of an approval as a superyacht crew sponsor by making an application in accordance with approved form 1366.
(5) The application fee for an application mentioned in subregulation (4) is nil.
(6) An application mentioned in subregulation (4) must be made:
(b) by delivering the application by courier service to the address specified by the Minister in an instrument in writing for this paragraph; or
(c) by faxing the application to the fax number specified by the Minister in an instrument in writing for this paragraph.
2.67 Terms of approval that may be varied
For paragraph 140GA (2) (a) of the Act, a term of approval as a standard business sponsor or a temporary work sponsor that may be varied is the duration of the approval.
2.68 Criteria for variation of terms of approval — standard business sponsor
For paragraph 140GA (2) (b) of the Act, the criterion that must be satisfied for the Minister to approve an application for a variation of a term of approval as a standard business sponsor is that the Minister is satisfied that:
(a) the applicant has applied for the variation in accordance with the process set out in regulation 2.66; and
(b) the applicant is a standard business sponsor; and
(c) the approval the applicant is seeking to vary was granted on or after 14 September 2009; and
(d) the applicant is lawfully operating a business (whether in or outside Australia); and
(e) if the applicant is lawfully operating a business in Australia, and has traded in Australia for 12 months or more —the applicant meets the benchmarks for the training of Australian citizens and Australian permanent residents specified in an instrument in writing made for this paragraph; and
(f) if the applicant is lawfully operating a business in Australia, and has traded in Australia for less than 12 months — the applicant has an auditable plan to meet the benchmarks specified in the instrument in writing made for paragraph (e); and
(g) if the applicant is lawfully operating a business in Australia —the applicant has attested in writing that the applicant has a strong record of, or a demonstrated commitment to:
(i) employing local labour; and
(ii) non-discriminatory employment practices; and
(h) either:
(i) there is no adverse information known to the Minister about the applicant or a person associated with the applicant; or
(ii) it is reasonable to disregard any adverse information known to the Minister about the applicant or a person associated with the applicant; and
Note for paragraph (h) The meanings of adverse information and associated with are explained in subregulations 2.57 (2) and (3).
(i) if the applicant is lawfully operating a business outside Australia and does not lawfully operate a business in Australia — the applicant is seeking to vary the terms of approval as a standard business sponsor in relation to a holder of, or an applicant or a proposed applicant (the visa applicant) for, a Subclass 457 (Business (Long Stay)) visa, and the applicant intends for the visa holder or visa applicant to:
(i) establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or
(ii) fulfil, or assist in fulfilling, a contractual obligation of the applicant.
2.68A Criteria for variation of terms of approval — temporary work sponsor
For paragraph 140GA (2) (b) of the Act, for the Minister to approve an application by a person (the applicant) for a variation of a term of approval as a temporary work sponsor, the criteria that must be satisfied are:
(a) that the applicant satisfies the criteria for approval as a temporary work sponsor set out in paragraphs 2.60A (c) and (d); and
(b) that the applicant satisfies the criteria for approval (set out in Division 2.13) that applies to the class of sponsor in relation to which the application for the variation of a term of approval applies; and
(c) that the applicant has applied for the variation in accordance with the process set out in regulation 2.66A; and
(d) that:
(i) the applicant is applying to vary the terms of approval of a class of sponsor; and
(ii) the applicant is in that class.
2.69 Notice of decision
(1) The Minister must notify an applicant for a variation of a term of an approval, in writing, of a decision under subsection 140GA (2) of the Act:
(b) by attaching a written copy of the decision to vary or not to vary the term of the approval; and
(c) by if the decision is not to vary the term of the approval — attaching a statement of reasons for the decision.
(2) If the application was made using approved form 1196 (Internet), the Minister may provide the notification to the applicant in an electronic form.
Division 2.17 Nominations
2.70 Application
This Division applies to a person who is:
(b) a party to a work agreement (other than a Minister); or
(c) a temporary work sponsor (other than a foreign government agency sponsor, a special program sponsor or a superyacht crew sponsor).
2.72 Criteria for approval of nomination — Subclass 457 (Business (Long Stay)) visa
(1) This regulation applies to a person who is:
(b) a party to a work agreement (other than a Minister);
who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa.
(2) For subsection 140GB (2) of the Act, the criteria that must be satisfied for the Minister to approve a nomination by a person are set out in subregulations (3) to (12).
(3) The Minister is satisfied that the person has made the nomination in accordance with the process set out in regulation 2.73.
(4) The Minister is satisfied that the person is:
(b) a party to a work agreement (other than a Minister).
(5) The Minister is satisfied that the person has identified in the nomination the visa holder, or the applicant or proposed applicant for the visa, who will work in the nominated occupation.
(6) If the person identifies a holder of a Subclass 457 (Business (Long Stay)) visa (the visa holder) for subregulation (5), the Minister is satisfied that the person:
(a) has listed on the nomination each other holder of a visa of that kind who was granted the visa on the basis of having the necessary relationship with the visa holder as mentioned in clause 457.321 of Schedule 2; and
(b) if the Minister requires the visa holder to demonstrate that he or she has the skills necessary to perform the occupation — the visa holder demonstrates that he or she has those skills in the manner specified by the Minister.
(7) For paragraph (6) (a), the Minister may disregard the fact that 1 or more persons required to be listed on the nomination are not listed, if the Minister is satisfied it is reasonable in the circumstances to do so.
(8) The Minister is satisfied that the person has provided the following information as part of the nomination:
(a) if there is a 6‑digit ASCO code for the nominated occupation — the 6-digit ASCO code;
(b) if there is no 6-digit ASCO code for the occupation, and the person is a standard business sponsor — the name of the occupation as it appears in the instrument in writing made for the purposes of paragraph (10) (a);
(c) if there is no 6-digit ASCO code for the occupation and the person is a party to a work agreement — the name of the occupation as it appears in the work agreement;
(d) the location or locations at which the nominated occupation is to be carried out.
(9) The Minister is satisfied that either:
(a) there is no adverse information known to Immigration about the person or a person associated with the person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person or a person associated with the person.
Note The meanings of adverse information and associated with are explained in subregulations 2.57 (2) and (3).
(10) If the person is a standard business sponsor — the Minister is satisfied that:
(a) the nominated occupation corresponds to an occupation specified by the Minister in an instrument in writing for this paragraph; and
(b) if required by the instrument mentioned in paragraph (a) — the nomination of an occupation mentioned in the instrument is supported, in writing to the Minister, by an organisation specified by the Minister in an instrument in writing for this paragraph; and
(c) the terms and conditions of employment of the person identified in the nomination will be no less favourable than the terms and conditions that:
(i) are provided; or
(ii) would be provided;
to an Australian citizen or an Australian permanent resident for performing equivalent work in the person’s workplace at the same location; and
(cc) the base rate of pay, under the terms and conditions of employment mentioned in paragraph (c), that:
(i) are provided; or
(ii) would be provided;
to an Australian citizen or an Australian permanent resident, will be greater than the temporary skilled migration income threshold specified by the Minister in an instrument in writing for this paragraph; and
(d) the person has certified as part of the nomination, in writing, that:
(i) the duties of the position include a significant majority of the duties of:
(A) the nominated occupation listed in the ASCO; or
(B) the nominated occupation specified in an instrument in writing for paragraph (a); and
(ii) if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia:
(A) the nominated occupation is a position in the business of the standard business sponsor; or
(B) the nominated occupation is an occupation specified by the Minister in an instrument in writing for this paragraph; and
(iii) if the person lawfully operates a business in Australia:
(A) the nominated occupation is a position with a business, or an associated entity, of the person; or
(B) the nominated occupation is an occupation specified by the Minister in an instrument in writing for this paragraph; and
(iv) the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified:
(A) for the occupation in the ASCO; or
(B) if there is no ASCO code for the nominated occupation — for the occupation in the instrument in writing made for the purpose of paragraph (a).
(10AA) For paragraphs (10) (c) and (cc), if no Australian citizen or Australian permanent resident performs equivalent work in the person’s workplace at the same location, the person must determine, using the method specified by the Minister in an instrument in writing for this subregulation:
(a) the terms and conditions of employment; and
(b) the base rate of pay, under the terms and conditions of employment;
that would be provided to an Australian citizen or an Australian permanent resident to perform equivalent work in the person’s workplace at the same location.
(10AB) Paragraphs (10) (c) and (cc) do not apply if the annual earnings of the person identified in the nomination are equal to or greater than the amount specified by the Minister in an instrument in writing for this subregulation.
(10A) The Minister may disregard the criterion in paragraph (10) (cc) for the purpose of subregulation (2) if:
(a) the base rate of pay will not be greater than the temporary skilled migration income threshold specified for that paragraph; and
(b) the annual earnings are equal to or greater than the temporary skilled migration income threshold; and
(c) the Minister considers it reasonable to do so.
(11) If the person is a party to a work agreement (other than a Minister) — the Minister is satisfied that:
(a) the nominated occupation is specified in the work agreement as an occupation that the person may nominate; and
(b) the person has certified as part of the nomination, in writing, that:
(i) the duties of the position include a significant majority of the duties of:
(A) the nominated occupation listed in the ASCO; or
(B) the nominated occupation specified in the work agreement; and
(ii) the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the work agreement.
(12) If the person is a party to a work agreement and the work agreement specifies requirements that must be met by the party to the work agreement — the Minister is satisfied that the requirements of the work agreement have been met.
2.72A Criteria for approval of nomination — various visas
(a) who is an approved sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, one of the following visas:
(ii) a Subclass 419 (Visiting Academic) visa;
(iii) a Subclass 420 (Entertainment) visa;
(iv) a Subclass 421 (Sport) visa;
(v) a Subclass 423 (Media and Film Staff) visa;
(vi) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(vii) a Subclass 428 (Religious Worker) visa;
(viii) a Subclass 442 (Occupational Trainee) visa.
(2) For subsection 140GB (2) of the Act, the criteria that must be satisfied for the Minister to approve a nomination by the person are set out in subregulations (3) to (9).
(3) The Minister is be satisfied that the person has made the nomination in accordance with the process set out:
(a) in the case of a nomination of an occupation or activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 420 (Entertainment) visa or a Subclass 423 (Media and Film Staff) visa — in regulation 2.73B; or
(b) in the case of a nomination of an occupation or activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 421 (Sport) visa — in regulation 2.73C; or
(c) in the case of a nomination of an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a visa mentioned in subparagraph (1) (i), (ii), (vi), (vii) or (viii) — in regulation 2.73A.
(4) The Minister is satisfied that the person has identified in the nomination the visa holder, or an applicant or a proposed applicant for a visa, (the identified visa holder or applicant) who will work or participate in the nominated occupation, program or activity.
(5) If the person identifies a visa holder for subregulation (4), the Minister is satisfied that the person has listed on the nomination each secondary sponsored person who holds the same visa as the visa holder on the basis of the secondary sponsored person’s relationship to the visa holder.
(6) However, the Minister may disregard the fact that 1 or more secondary sponsored persons are not listed on the nomination if the Minister is satisfied that it is reasonable in the circumstances to do so.
(7) The Minister is satisfied that the person has provided the following:
(a) information that identifies the employer or employers in relation to the nominated occupation, program or activity, including:
(i) the location and contact details of each employer; and
(ii) if the person and the employer are not the same person — the relationship between the person and the employer;
(b) information that identifies the location or locations where the nominated occupation, program or activity will be carried out;
(c) information that identifies each member of the family unit of the identified visa holder or applicant who holds, or proposes to apply for, the same visa as the identified visa holder or applicant on the basis of satisfying the secondary criteria.
(8) For paragraph (7) (a), in the case of a nominated occupation, program or activity that is a volunteer role, employer includes the person or organisation responsible for the tasks to be carried out as part of the nominated occupation, program or activity.
Note volunteer role is defined in subregulation 2.57 (5).
(9) The Minister is satisfied that:
(a) there is no adverse information known to Immigration about the person or a person associated with the person; or
(b) if any adverse information is known to Immigration about the person or a person associated with the person — it is reasonable to disregard the information.
2.72B Criteria for approval of nomination — Subclass 411 (Exchange) visa
(a) who is an exchange sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 411 (Exchange) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the exchange sponsor are set out in subregulations (3) to (6).
(3) The Minister is satisfied that the person making the nomination is an exchange sponsor.
(4) The Minister is satisfied that there is a written agreement in place between the exchange sponsor and a reciprocating foreign organisation that:
(a) provides for the identified visa holder or applicant to work for the exchange sponsor in the nominated occupation, program or activity in Australia for a specified period; and
(b) provides a named person, who is an Australian citizen or an Australian permanent resident, with the opportunity to obtain experience with the reciprocating foreign organisation for a specified period.
(5) The Minister is satisfied that the exchange, as set out in subregulation (4), will be of benefit to both the identified visa holder or applicant, and to the Australian citizen or Australian permanent resident.
(6) The Minister is satisfied that the nominated position is a skilled position.
2.72C Criteria for approval of nomination — Subclass 419 (Visiting Academic) visa
(a) who is a visiting academic sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 419 (Visiting Academic) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the visiting academic sponsor are set out in subregulations (3) to (6).
(3) The Minister is satisfied that the person making the nomination is a visiting academic sponsor.
(4) The Minister is satisfied that the identified visa holder or applicant will observe or participate in an Australian research project:
(a) at the sponsoring Australian tertiary or research institution; and
(b) in collaboration with other academics employed by the sponsoring Australian tertiary or research institution.
(a) the identified visa holder or applicant is employed, or was formerly employed, as an academic at a tertiary education institution or research institution; and
(b) the identified visa holder or applicant has a significant record of achievement in his or her field.
(6) The Minister is satisfied that the identified visa holder or applicant will not receive from the visiting academic sponsor a salary, scholarship or allowance (other than an allowance for living expenses in Australia and travel costs).
2.72D Criteria for approval of nomination — Subclass 420 (Entertainment) visa
(a) who is an entertainment sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 420 (Entertainment) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the entertainment sponsor are the criteria set out in:
(b) 1 of subregulations (4) to (9).
(3) The Minister is satisfied that the person making the nomination is an entertainment sponsor.
Performing in film or television production subsidised by government
(a) the identified visa holder or applicant will be:
(i) performing as an entertainer under a performing contract for 1 or more specific engagements (other than non-profit engagements) in Australia; and
(ii) performing in a film or television production that is subsidised, in whole or in part, by a government in Australia; and
(iii) performing:
(A) in a leading role, major supporting role or cameo role; or
(B) to satisfy ethnic or other special requirements; and
(b) the nomination is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that the relevant Australian content criteria have been met; and
(d) the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia.
Performing in film or television production not subsidised by government
(a) the identified visa holder or applicant will be:
(i) performing as an entertainer under a performing contract for 1 or more specific engagements (other than non-profit engagements) in Australia; and
(ii) performing in a film or television production that is not subsidised in any way by a government in Australia; and
(iii) performing:
(A) in a leading role, major supporting role or cameo role; or
(B) to satisfy ethnic or other special requirements; and
(b) the nomination is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that:
(i) citizens or residents of Australia have been afforded a reasonable opportunity to participate in all levels of the production; and
(ii) the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production is greater than the amount to be expended on entertainers sponsored for entry; and
(d) the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia.
Performing in productions not related to film or television
(a) the identified visa holder or applicant will be performing as an entertainer under a performing contract that:
(i) is not related to a film or television production; and
(ii) is for 1 or more specific engagements (other than non-profit engagements) in Australia; and
(d) the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia; and
(e) the entertainment sponsor has provided an itinerary specifying the dates and venues for all performances.
Production roles other than as a performer
(7) The Minister is satisfied that:
(a) the identified visa holder or applicant will be directing, producing or taking another part (otherwise than as a performer) in a theatre, film, television or radio production, or a concert or recording to be performed or shown in Australia; and
(d) the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia; and
(e) the entertainment sponsor has provided an itinerary specifying the dates and venues for the production, concert or recording.
Support staff
(8) The Minister is satisfied that:
(a) the identified visa holder or applicant will be supporting an entertainer or a group of entertainers (whether by assisting a performance or by personal services) in relation to a performing contract for 1 or more specific engagements in Australia; and
(d) the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia; and
(e) the entertainment sponsor has provided an itinerary specifying the dates and venues for all performances.
Non-profit engagements
(9) The Minister is satisfied that:
(a) the identified visa holder or applicant will be performing as an entertainer in 1 or more specific engagements that are for non-profit purposes; and
(b) the entertainment sponsor has provided an itinerary specifying the dates and venues for all performances.
2.72E Criteria for approval of nomination — Subclass 421 (Sport) visa
(a) who is:
(i) a sport sponsor; or
(ii) a party to a work agreement (other than a Minister); and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 421 (Sport) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the sport sponsor are:
(a) that the Minister is satisfied that the person making the nomination is a sport sponsor; and
(b) the criteria set out in 1 of subregulations (4) to (7).
(3) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the party to a work agreement is that the Minister is satisfied that:
(a) the person making the nomination is a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (3); and
(b) the nomination satisfies the requirements of the work agreement.
Competitors in sporting events
(a) the identified visa holder or applicant:
(i) is entered individually or as a member of a team to compete in a sporting event, or sporting events, in Australia, and is not entered as a Taiwanese national claiming to represent Taiwan, China or the Republic of China; or
(ii) has been, or will be, appointed or employed, under a contractual agreement, to assist a participant or team of a kind mentioned in subparagraph (i); or
(iii) has been, or will be, appointed or employed, under a contractual agreement, to assist a sportsperson:
(A) who is an Australian citizen or an Australian permanent resident; and
(B) who is known internationally; and
(C) who has a record of participation in international events;
in 1 or more specified sporting events; and
(b) the identified visa holder or applicant is not a player, a coach or an instructor in relation to an Australian sporting team or sporting organisation.
Contracted players, coaches and instructors
(a) the sport sponsor and the identified visa holder or applicant have entered into a formal arrangement that provides for the identified visa holder or applicant to be a player, a coach or an instructor in relation to an Australian sporting team or sporting organisation; and
(b) the formal arrangement specifies the period during which the identified visa holder or applicant will be a player, a coach or an instructor in relation to the Australian team or organisation; and
(c) the arrangement will be of benefit to the sport in Australia; and
(d) the identified visa holder or applicant has an established reputation in the field of sport; and
(e) the sport sponsor has provided a letter of endorsement from the relevant Australian national sporting body, certifying that:
(i) the identified visa holder or applicant has the ability to play, coach or instruct at the Australian national level; and
(ii) the participation of the identified visa holder or applicant in the sport in Australia would benefit the sport in Australia by raising the standard of competition.
Sports trainees
(a) the sport sponsor and the identified visa holder or applicant have entered into a formal arrangement that provides for the identified visa holder or applicant to participate in a sports training program; and
(b) the arrangement specifies the period during which the identified visa holder or applicant will participate in the sports training program; and
(c) the training program provides a structured framework with clear outcomes that will add to or enhance the skill level of the identified visa holder or applicant in the relevant sport; and
(d) the arrangement will be of benefit to the sport in Australia; and
(e) the sport sponsor has provided a letter of endorsement from the relevant Australian national sporting body, certifying that the identified visa holder or applicant is currently competing in, coaching or instructing the sport at the national level in the home country of the identified visa holder or applicant.
Judges and adjudicators
(7) The Minister is satisfied that:
(a) the identified visa holder or applicant will act as a judge or adjudicator at 1 or more sporting events or sporting competitions in Australia; and
(b) the identified visa holder or applicant has the appropriate experience and skills to perform that role.
(8) In this regulation, relevant Australian national sporting body means the national sporting body responsible for administering that sport in Australia.
2.72F Criteria for approval of nomination — Subclass 423 (Media and Film Staff) visa
(a) who is an entertainment sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 423 (Media and Film Staff) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the entertainment sponsor are the criteria set out in:
(b) 1 of subregulations (4), (5) and (6).
(3) The Minister is satisfied that the person making the nomination is an entertainment sponsor.
Journalist, correspondent or reporter of foreign news organisation that is not represented in Australia
(a) the identified visa holder or applicant will represent a foreign news organisation as a journalist, correspondent or reporter; and
(b) the foreign news organisation is not represented in Australia; and
(c) representation of the foreign news organisation would not be contrary to the interests of Australia.
Journalist, correspondent or reporter of foreign news organisation that is represented in Australia
(a) the identified visa holder or applicant will represent a foreign news organisation as a journalist, correspondent or reporter; and
(b) the foreign news organisation is represented in Australia; and
(c) there is no suitable person in Australia who is capable of doing, and available to do, the nominated occupation; and
(d) the nominated occupation would not be contrary to the interests of Australia.
Documentary program or commercial
(a) the identified visa holder or applicant will make a documentary program or commercial that is exclusively for overseas use; and
(b) there is no suitable person in Australia who is capable of doing, and available to do, the nominated occupation; and
(c) the nominated occupation would not be contrary to the interests of Australia.
2.72G Criteria for approval of nomination — Subclass 427 (Domestic Worker (Temporary) — Executive) visa
(a) who is a domestic worker sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 427 (Domestic Worker (Temporary) — Executive) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the domestic worker sponsor are set out in subregulations (3) to (7).
(3) The Minister is satisfied that the person making the nomination is a domestic worker sponsor.
(4) The Minister is satisfied that the identified visa holder or applicant will be employed to undertake full-time domestic duties in the private household of the domestic worker sponsor.
(5) The Minister is satisfied that the number of domestic workers sponsored by the domestic worker sponsor will not at any time exceed 3 (including the identified visa holder or applicant).
(6) The Minister is satisfied that the identified visa holder or applicant:
(a) has turned 18; and
(b) has experience working as a domestic worker.
(7) The domestic worker sponsor provides evidence that:
(a) the domestic worker sponsor has been unable to find a suitable person in Australia for the nominated occupation; and
(b) there are compelling reasons for employing the identified visa holder or applicant.
2.72H Criteria for approval of nomination — Subclass 428 (Religious Worker) visa
(a) who is:
(i) a religious worker sponsor; or
(ii) a party to a work agreement (other than a Minister); and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 428 (Religious Worker) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the religious worker sponsor or the party to a work agreement are set out in subregulations (3) to (5).
(3) The Minister is satisfied that the person making the nomination is a religious worker sponsor or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (4).
(4) If the person making the nomination is a religious worker sponsor, the Minister is satisfied that:
(a) the identified visa holder or applicant will be engaged on a full-time basis to work or participate in an activity in Australia that:
(i) is predominately non-profit in nature; and
(ii) directly serves the religious objectives of the religious institution that is the religious worker sponsor; and
(b) the identified visa holder or applicant has appropriate qualifications and experience to work or participate in the nominated position.
(5) If the person making the nomination is a party to a work agreement (other than a Minister), the Minister is satisfied that the nomination satisfies the requirements of the work agreement.
2.72I Criteria for approval of nomination — Subclass 442 (Occupational Trainee) visa
(a) who is an occupational trainee sponsor; and
(b) who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 442 (Occupational Trainee) visa (the identified visa holder or applicant).
(2) For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the occupational trainee sponsor are the criteria set out in:
(b) 1 of subregulations (4), (5) and (6).
(3) The Minister is satisfied that the person making the nomination is an occupational trainee sponsor.
Occupational training required for registration
(a) the nominated occupational training is necessary for the identified visa holder or applicant to obtain registration, membership or licensing in Australia or in the home country of the identified visa holder or applicant in relation to the occupation of the identified visa holder or applicant; and
(b) the registration, membership or licensing is required in order for the identified visa holder or applicant to be employed in the occupation of the identified visa holder or applicant in Australia or in the home country of the identified visa holder or applicant; and
(c) the duration of the occupational training is necessary for the identified visa holder or applicant to obtain registration, membership or licensing in Australia or in the home country of the identified visa holder or applicant in relation to the occupation of the identified visa holder or applicant, taking into account the prior experience of the identified visa holder or applicant; and
(d) the identified visa holder or applicant has appropriate qualifications, experience and English language skills to undertake the occupational training.
Occupational training to enhance skills
(a) the nominated occupational training is:
(i) a structured workplace training program; and
(ii) specifically tailored to the training needs of the identified visa holder or applicant; and
(iii) of a duration that meets the specific training needs of the identified visa holder or applicant; and
(b) the nominated occupational training is in relation to an occupation specified by the Minister in an instrument in writing for this paragraph; and
(c) the identified visa holder or applicant has the equivalent of at least 12 months full-time experience in the occupation to which the nominated occupational training relates in the 24 months immediately preceding the time of nomination.
Occupational training for capacity building overseas
(a) the nominated occupational training is not available in the home country of the identified visa holder or applicant; and
(b) 1 of the following requirements is met:
(i) the nominated occupational training is supported by a government agency in Australia or a government agency in the home country of the identified visa holder or applicant;
(ii) the identified visa holder or applicant is required to complete a period of no more than 6 months of practical experience, research or observation to obtain a qualification from a foreign educational institution; or
(iii) the identified visa holder or applicant:
(A) is a student of a foreign educational institution; or
(B) has graduated from a foreign educational institution during the 12 months preceding the time of nomination;
and the nominated occupational training is to undertake research in Australia that is closely related to the course in which the student is or was enrolled at the foreign educational institution; and
(c) the nominated occupational training is a structured workplace-based training program specifically tailored to the identified visa holder or applicant; and
(d) the nominated occupational training will give the identified visa holder or applicant additional or enhanced skills in the occupation to which the nominated occupational training relates; and
(e) the identified visa holder or applicant intends to return to his or her home country after successfully completing the nominated occupational training.
2.73 Process for nomination — Subclass 457 (Business (Long Stay)) visa
(1A) Subregulations (1) to (6) apply to a person:
(a) who is nominating an occupation under paragraph 140GB (1) (b) of the Act; and
(b) who identifies in the nomination a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa as the person who will work in the occupation.
(1) For subsection 140GB (3) of the Act, the person may nominate a proposed occupation in accordance with the process set out in this regulation.
(2) The person must make the nomination in accordance with approved form 1196N or approved form 1196 (Internet).
(3) However, if the person does not operate a business in Australia, the person must make the application in accordance with approved form 1196N.
(4) The person must provide, as part of the nomination:
(a) the information mentioned in subregulations 2.72 (5) and (8); and
(b) if the person is a standard business sponsor — the certification mentioned in paragraph 2.72 (10) (d); and
(c) if the person is a party to a work agreement (other than a Minister) — the certification mentioned in paragraph 2.72 (11) (b).
(5) The application must be accompanied by a fee of $70.
(6) The Minister may refund the fee if:
(a) both of the following apply:
(i) the tasks of the nominated occupation no longer correspond to the tasks of an occupation specified in the instrument in writing made for the purpose of paragraph 2.72 (10) (a);
(ii) the person withdraws the nomination for that reason before a decision is made under section 140GB of the Act; or
(b) both of the following apply:
(i) the nomination is approved under section 140GB of the Act;
(ii) after the Minister has approved the nomination, but before a visa is granted in relation to the approval, the tasks of the nominated occupation no longer correspond to the tasks of an occupation specified in the instrument in writing made for the purpose of subparagraph paragraph 2.72 (10) (a); or
(c) if the person is a party to a work agreement — both of the following apply:
(i) the person withdraws the nomination before a decision is made under section 140GB of the Act;
(ii) the reason for withdrawing the nomination is because:
(A) the person has listed an occupation in the nomination that is not specified in the work agreement as an occupation that the person may nominate; or
(b) the number of nominations made by the person and approved by the Minister under section 140GB are equal to or more than the number of approved nominations permitted under the work agreement for the year.
Refund of nomination fee — nominations approved before 14 September 2009
(7) Subregulation (8) applies to a person who:
(a) nominated an activity under subregulation 1.20G or 1.20GA (as in force immediately before 14 September 2009); and
(b) did not identify in the nomination a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa as the person who would undertake the activity; and
(c) received approval for the nomination under regulation 1.20H (as in force immediately before 14 September 2009).
(8) The Minister may refund the nomination fee paid by the person for the approved nomination if the person makes a written request for the refund before the approval for the nomination ceases to have effect under subregulation 1.20H (5) (as in force immediately before 14 September 2009).
2.73A Process for nomination — various visas
(b) who identifies in the nomination, as the person who will work or participate in the occupation, program or activity, a holder of, or an applicant or a proposed applicant for, 1 of the following visas:
(ii) a Subclass 419 (Visiting Academic) visa;
(iii) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(iv) a Subclass 428 (Religious Worker) visa;
(v) a Subclass 442 (Occupational Trainee) visa.
(2) For subsection 140GB (3) of the Act, the person may nominate the occupation, program or activity in accordance with the process set out in this regulation.
(3) The person must make the nomination in accordance with approved form 1378.
(4) The nomination must be accompanied by a fee of:
(5) The nomination must be made:
(b) by delivering the nomination by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this paragraph; or
(6) For subregulation (5), the Minister may specify different addresses and fax numbers for nominations identifying holders of, or applicants or proposed applicants for, different kinds of visa.
2.73B Process for nomination — Subclass 420 (Entertainment) visa and Subclass 423 (Media and Film Staff) visa
(b) who identifies in the nomination a holder of, or an applicant or a proposed applicant for, a Subclass 420 (Entertainment) visa or a Subclass 423 (Media and Film Staff) visa as the person who will work or participate in the occupation, program or activity.
(2) For subsection 140GB (3) of the Act, the person may nominate an occupation, a program or an activity in accordance with the process set out in this regulation.
(3) The person must make the nomination in accordance with approved form 1379.
(4) Subject to subregulation (5), the nomination must be accompanied by a fee of:
(5) In the case of a nomination:
(a) that, on the basis of the information contained in the nomination, appears to the Minister to meet the requirements of subregulation 2.72D (9); or
(b) that is:
(i) made by an entertainment sponsor who is funded wholly or in part by the Commonwealth; and
(ii) approved by the Secretary for this subparagraph;
the fee is nil.
(6) The nomination must be made:
(b) by delivering the nomination by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this paragraph; or
(7) For subregulation (6), the Minister may specify different addresses and fax numbers for nominations identifying holders of, or applicants or proposed applicants for, different kinds of visa.
2.73C Process for nomination — Subclass 421 (Sport) visa
(b) who identifies in the nomination a holder of, or an applicant or a proposed applicant for, a Subclass 421 (Sport) visa (the visa holder or applicant) as the person who will work or participate in the occupation, program or activity.
(2) For subsection 140GB (3) of the Act, the person may nominate an occupation, a program or an activity in accordance with the process set out in this regulation.
(3) The person must make the nomination in accordance with approved form 1378.
(4) Subject to subregulation (5), the nomination must be accompanied by a fee of:
(5) In the case of a nomination that identifies:
(a) a visa holder or applicant who is entered as an amateur participant in a sporting event; or
(b) a visa holder or applicant who has been, or will be, appointed or employed to assist:
(i) an amateur participant in a sporting event; or
(ii) an amateur team that is participating in a sporting event;
the fee is nil.
(6) The nomination must be made:
(b) by delivering the nomination by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this paragraph; or
2.74 Notice of decision
(1) The Minister must notify an applicant for approval of a nomination, in writing, of a decision under subsection 140GB (2) of the Act:
(b) by attaching a written copy of the approval or refusal; and
(c) if the decision is a refusal — by attaching a statement of reasons for the refusal.
(2) If the application was made using approved form 1196 (Internet), the Minister may provide the notification to the applicant in an electronic form.
2.75 Period of approval of nomination — Subclass 457 (Business (Long Stay)) visa
(1) This regulation applies to a nomination of an occupation in which a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa is identified as the person who will work in the occupation.
(2) An approval of a nomination ceases on the earliest of:
(a) the day on which Immigration receives notification, in writing, of the withdrawal of the nomination by the approved sponsor; and
(b) 12 months after the day on which the nomination is approved; and
(c) the day on which the applicant, or the proposed applicant, for the nominated occupation, is granted a Subclass 457 (Business (Long Stay)) visa; and
(d) if the approval of the nomination is given to a standard business sponsor — 3 months after the day on which the person’s approval as a standard business sponsor ceases; and
(e) if the approval of the nomination is given to a standard business sponsor, and the person’s approval as a standard business sponsor is cancelled under subsection 140M (1) of the Act — the day on which the person’s approval as a standard business sponsor is cancelled; and
(f) if the approval of the nomination is given to a party to a work agreement (other than a Minister) — the day on which the work agreement ceases.
2.75A Period of approval of nomination — other visas
(1) This regulation applies to a nomination of an occupation, a program or an activity in which the person identified as the person who will work or participate in the nominated occupation, program or activity is a holder of, or an applicant or a proposed applicant for, 1 of the following visas:
(a) a Subclass 411 (Exchange) visa;
(b) a Subclass 419 (Visiting Academic) visa;
(c) a Subclass 420 (Entertainment) visa;
(d) a Subclass 421 (Sport) visa;
(e) a Subclass 423 (Media and Film Staff) visa;
(f) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(g) a Subclass 428 (Religious Worker) visa;
(h) a Subclass 442 (Occupational Trainee) visa.
(2) An approval of a nomination ceases on the earliest of:
(a) the day on which Immigration receives notification, in writing, of the withdrawal of the nomination by the approved sponsor; and
(b) 12 months after the day on which the nomination is approved; and
(c) if the approval of the nomination is given to an approved sponsor who is not a party to a work agreement (other than a Minister) — 3 months after the day on which the person’s approval as a sponsor ceases; and
(d) if:
(i) the approval of the nomination is given to an approved sponsor who is not a party to a work agreement (other than a Minister); and
(ii) the person’s approval as a sponsor is cancelled under subsection 140M (1) of the Act;
the day on which the person’s approval as a sponsor is cancelled; and
(e) if the approval of the nomination is given to a party to a work agreement (other than a Minister) — the day on which the work agreement ceases; and
(f) the day on which the applicant, or the proposed applicant, who is identified in relation to the nominated occupation, program or activity, is granted a visa on the basis of that nomination.
Division 2.18 Work agreements
2.76 Requirements
(1) For section 140GC of the Act, and for the definition of work agreement in subsection 5 (1) of the Act, a work agreement must meet the requirements prescribed in subregulation (2), (3) or (4).
(2) A work agreement:
(a) must be between:
(i) the Commonwealth, as represented by the Minister, or by the Minister and 1 or more other Ministers; and
(ii) a person, an unincorporated association or a partnership in Australia; and
(b) must be a labour agreement that authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 457 (Business (Long Stay)) visa; and
(c) must be in effect; and
(d) must not be an IASS agreement.
(3) A work agreement:
(a) must be between:
(i) the Commonwealth, as represented by the Minister, or by the Minister and 1 or more other Ministers; and
(ii) a sporting organisation; and
(b) must authorise the recruitment of a person who it is proposed will take part in the sporting activities of the sporting organisation as a holder of a Subclass 421 (Sport) visa, whether as an employee or otherwise; and
(c) must be in effect; and
(d) must not be an IASS agreement.
(4) A work agreement:
(a) must be between the Secretary and a religious institution in Australia; and
(b) must authorise the recruitment of a person who it is proposed will take part in the religious activities of the religious institution as a holder of a Subclass 428 (Religious Worker) visa, whether as an employee or otherwise; and
(c) must be in effect.
Division 2.19 Sponsorship obligations
2.77 Preliminary
For subsection 140H (1) of the Act, each of the obligations mentioned in this Division is a sponsorship obligation that a person to whom the obligation applies must satisfy.
2.78 Obligation to cooperate with inspectors
(2) The person must cooperate with an inspector if:
(a) the inspector is appointed under section 140V of the Act; and
(b) the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act.
(3) Without limiting subregulation (2), the person is taken not to have cooperated with an inspector if:
(a) the person hinders or obstructs an inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or
(b) the person conceals, or attempts to conceal, from an inspector the location of a person, document or thing while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or
(c) the person prevents, or attempts to prevent, another person from assisting an inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or
(d) the person assaults an inspector or a person assisting the inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or
(e) the person intimidates or threatens, or attempts to intimidate or threaten, an inspector or a person assisting the inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act.
(4) If the person is or was approved as a sponsor in a class of sponsor under subsection 140E (1) of the Act, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the person is approved as a sponsor in a class under subsection 140E (1) of the Act; and
(b) ends 5 years after the day on which the person ceases or ceased to be a sponsor.
(b) ends 5 years after the day on which the work agreement ceases or ceased.
2.79 Obligation to ensure equivalent terms and conditions of employment
(1) Subject to subregulation (1A):
(a) this regulation applies to a person who is or was a standard business sponsor of a primary sponsored person if:
(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa; and
(b) this regulation applies to a person who is or was a party to a work agreement (other than a Minister), and who is or was an approved sponsor of a primary sponsored person, if:
(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa.
(1A) This regulation does not apply to a standard business sponsor of a primary sponsored person if:
(a) either:
(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa; and
(b) the annual earnings of the primary sponsored person are equal to or greater than the amount specified by the Minister in an instrument in writing for this paragraph.
(2) Subject to subregulation (2A), the person must ensure that the terms and conditions of employment provided to the primary sponsored person are no less favourable than the terms and conditions of employment that the person provides, or would provide, to an Australian citizen or an Australian permanent resident to perform equivalent work in the person’s workplace at the same location.
(2A) For subregulations (2) and (3), if:
(a) the person is mentioned in paragraph (1) (a); and
(b) the nomination by the person of an activity, in relation to which the primary sponsored person was granted a Subclass 457 (Business (Long Stay)) visa, was approved under regulation 1.20H (as in force immediately before 14 September 2009);
then:
(c) from 14 September 2009 until immediately before 1 January 2010:
(i) subregulations (2) and (3) do not apply; and
(ii) the person must ensure that the primary sponsored person’s salary is not less than the minimum salary level worked out and paid in the way specified by the Minister in an instrument in writing for this paragraph; and
(d) on and after 1 January 2010, subregulations (2) and (3) apply.
(3) Subject to subregulation (2A), the person must ensure that:
(a) if:
(ii) the nomination by the person of an occupation in which the primary sponsored person is identified was approved under section 140GB of the Act on or after 14 September 2009;
the terms and conditions of employment provided to the primary sponsored person are no less favourable than the terms and conditions of employment that the Minister was satisfied, under paragraph 2.72 (10) (c), were no less favourable than the terms and conditions of employment that are provided, or would be provided, to an Australian citizen or an Australian permanent resident; or
(b) if:
(ii) the nomination by the person of an activity under regulation 1.20GA (as in force immediately before 14 September 2009), in relation to which the primary sponsored person was granted a Subclass 457 (Business (Long Stay)) visa, was approved under regulation 1.20H (as in force immediately before 14 September 2009); and
(iii) paragraph (d) does not apply;
the primary sponsored person’s base rate of pay is not less than $40 705; or
(c) if:
(ii) the nomination by the person of an activity under regulation 1.20G (as in force immediately before 14 September 2009), in relation to which the primary sponsored person was granted a Subclass 457 (Business (Long Stay)) visa, was approved under regulation 1.20H (as in force immediately before 14 September 2009); and
(iii) paragraph (d) does not apply;
the primary sponsored person’s base rate of pay is not less than $45 220; or
(d) if:
(ii) the nomination by the person of an activity, in relation to which the primary sponsored person was granted a Subclass 457 (Business (Long Stay)) visa, was approved under regulation 1.20H (as in force immediately before 14 September 2009); and
(iii) the primary sponsored person was granted a Subclass 457 (Business (Long Stay)) visa on the basis that subclause 457.223 (6) of Schedule 2 applied to the primary sponsored person;
the primary sponsored person’s base rate of pay is not less than $81 040; or
(e) if the person is mentioned in paragraph (1) (b), the terms and conditions of employment provided to the primary sponsored person are no less favourable than the terms and conditions of employment set out in the work agreement.
(3A) For the purposes of the terms and conditions set out in a work agreement, the Minister may specify that a minimum salary level is to be worked out in the way specified in an instrument in writing for this subregulation.
Note The terms and conditions of a work agreement may refer to a minimum salary level specified in an instrument in writing.
(4) The obligations mentioned in subregulations (2) and (3):
(a) start to apply on:
(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or
(ii) if the primary sponsored person was not identified in an approved nomination — the day on which the primary sponsored person is granted a Subclass 457 (Business (Long Stay)) visa on the basis of the person agreeing in writing to being the approved sponsor of the primary sponsored person; or
(iii) if the primary sponsored person does not hold a Subclass 457 (Business (Long Stay)) visa on the day the Minister approves the nomination — the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and
(b) end on the earlier of:
(i) the day on which the primary sponsored person is granted a further substantive visa that:
(A) is not a Subclass 457 (Business (Long Stay)) visa; and
(ii) the day on which the primary sponsored person ceases employment with the person.
2.80 Obligation to pay travel costs to enable sponsored persons to leave Australia
(a) a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
(i) the sponsored person holds a Subclass 416 (Special Program) visa; or
(ii) the last substantive visa held by the sponsored person was a Subclass 416 (Special Program) visa; or
(b) a religious worker sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
(i) the sponsored person holds a Subclass 428 (Religious Worker) visa; or
(ii) the last substantive visa held by the sponsored person was a Subclass 428 (Religious Worker) visa; or
(c) a party to a work agreement (other than a Minister), and who is or was an approved sponsor of a primary sponsored person or secondary sponsored person (the sponsored person), if
(i) the sponsored person holds a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; or
(ii) the last substantive visa held by the sponsored person was a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; or
(c) a standard business sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
(i) the sponsored person holds a Subclass 457 (Business (Long Stay)) visa; or
(ii) the last substantive visa held by the sponsored person was a Subclass 457 (Business (Long Stay)) visa.
(2) The person must pay the travel costs of the primary sponsored person or the secondary sponsored person:
(a) if the costs have been requested in writing by:
(i) the Minister on behalf of the primary sponsored person or the secondary sponsored person; or
(ii) the primary sponsored person; or
(iii) the primary sponsored person on behalf of the secondary sponsored person; or
(iv) the secondary sponsored person; or
(v) the secondary sponsored person on behalf of the primary sponsored person; and
(b) that have not already been paid in accordance with this regulation; and
(c) that are reasonable and necessary.
(3) The request to pay travel costs must:
(a) specify the person or persons whose travel will be funded by the costs; and
(b) specify the country that the person, whose travel will be funded, holds a passport and will travel to; and
(c) if the person is a multiple passport holder — specify the country that the person holds a passport for and wants to travel to; and
(d) be made while the person whose travel will be funded is the holder of the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Business (Long Stay)) visa.
(4) Without limiting paragraph (2) (c), a person is taken to have paid reasonable and necessary costs if:
(a) the costs include the cost of travel from the primary sponsored person’s usual place of residence in Australia to the place of departure from Australia; and
(b) the costs include the cost of travel from Australia to the country the person specifies in accordance with subregulation (3); and
(c) the costs are paid within 30 days of receiving the request for costs; and
(d) the costs are for economy class air travel or the equivalent of economy class air travel.
(5) The obligation mentioned in subregulation (2):
(a) starts to apply on:
(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or
(ii) if the primary sponsored person does not hold a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa on the day the Minister approves the nomination — the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; or
(iii) if the primary sponsored person was not identified in an approved nomination — the day on which the primary sponsored person is granted a Subclass 457 (Business (Long Stay)) visa on the basis of the person agreeing in writing to being the approved sponsor in relation to the primary sponsored person; and
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and
(B) the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Business (Long Stay)) visa has ceased to be in effect;
(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and
(II) the last substantive visa held by the primary sponsored person was a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa;
(i) the day on which the Minister approves a nomination by another approved sponsor in which the primary sponsored person is identified; and
(B) the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Business (Long Stay)) visa has ceased to be in effect;
(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and
(II) the last substantive visa held by the secondary sponsored person was a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa;
2.80A Obligation to pay travel costs — domestic worker sponsor
(1) This regulation applies to a person who is or was a domestic worker sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:
(a) the sponsored person holds a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or
(b) the last substantive visa held by the sponsored person was a Subclass 427 (Domestic Worker (Temporary) — Executive) visa.
(2) The person must pay the travel costs of the sponsored person:
(a) that will enable the sponsored person to travel to Australia, and leave Australia; and
(b) that have not already been paid in accordance with this regulation; and
(c) that are reasonable and necessary.
(3) Without limiting paragraph (2) (c), a person is taken to have paid reasonable and necessary costs if:
(a) the costs include the cost of travel:
(i) to Australia; and
(ii) from the place of arrival in Australia to the sponsored person’s usual place of residence in Australia; and
(b) the costs include the cost of travel from the sponsored person’s usual place of residence in Australia to the place of departure from Australia; and
(c) the costs include the cost of travel from Australia to the country from which the sponsored person came to Australia; and
(d) the costs are for economy class air travel or the equivalent of economy class air travel.
(4) The obligation mentioned in subregulation (2):
(a) starts to apply on:
(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or
(ii) if the primary sponsored person does not hold a Subclass 427 (Domestic Worker (Temporary) — Executive) visa on the day the Minister approves the nomination — the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and
(B) the Subclass 427 (Domestic Worker (Temporary) — Executive) visa has ceased to be in effect;
(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and
(II) the last substantive visa held by the primary sponsored person was a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and
(B) the Subclass 427 (Domestic Worker (Temporary) — Executive) visa has ceased to be in effect;
(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and
(II) the last substantive visa held by the secondary sponsored person was a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
2.81 Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non‑citizen
(2) The person must pay costs incurred by the Commonwealth:
(a) if the costs were incurred by the Commonwealth in taking either or both of the following actions in relation to the primary sponsored person or secondary sponsored person:
(i) locating, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person;
(ii) removing, as an unlawful non-citizen, the primary sponsored person or the secondary sponsored person from Australia; and
(b) if the Minister has requested the payment of the costs by written notice in the manner specified in subregulation (5); and
(c) if the costs were incurred by the Commonwealth within the period mentioned in subregulation (6).
(3) However, if the person has already paid the costs of return travel in accordance with the sponsorship obligation mentioned in regulation 2.80 (the return costs), the person is liable to pay to the Commonwealth only the difference between:
(a) the lesser of:
(i) the actual costs incurred by the Commonwealth in taking 1 or more of the actions mentioned in paragraph (2) (a); or
(ii) the costs up to the limit prescribed under paragraph 140J (1) (a) of the Act, as prescribed in subregulation (4); and
(b) the return costs that have already been paid by the person.
(4) For paragraph 140J (1) (a) of the Act, the limit in relation to the obligation at subregulation (2) is $10 000.
(5) For paragraph (2) (b), the notice from the Minister requesting the payment of costs must:
(a) be given using a method mentioned in section 494B of the Act; and
(b) specify a date for compliance not earlier than 7 days after the date a person will be taken, by section 494C of the Act, to have received the notice.
(6) For paragraph 2 (c):
(a) in relation to a primary sponsored person — the period within which the Commonwealth must incur the costs:
(i) starts on the day on which the primary sponsored person becomes an unlawful non-citizen; and
(ii) ends at the moment when the primary sponsored person leaves Australia; and
(b) in relation to a secondary sponsored person — the period within which the Commonwealth must incur the costs:
(i) starts on the day on which the secondary sponsored person becomes an unlawful non-citizen; and
(ii) ends at the moment when the secondary sponsored person leaves Australia.
(7) The obligation mentioned in subregulation (2):
(a) in relation to a primary sponsored person:
(i) starts to apply on the day on which the primary sponsored person becomes an unlawful non-citizen; and
(ii) ends 5 years after the time at which the primary sponsored person leaves Australia; and
(b) in relation to a secondary sponsored person:
(i) starts to apply on the day on which the secondary sponsored person becomes an unlawful non-citizen; and
(ii) ends 5 years after the time at which the secondary sponsored person leaves Australia.
(8) In this regulation:
costs, in relation to the removal of a former primary sponsored person or a former secondary sponsored person from Australia, has the same meaning as in paragraph (b) of the definition of costs in section 207 of the Act.
2.82 Obligation to keep records
(2) The person must keep records:
(a) of a kind:
(i) if the person is a standard business sponsor —specified in subregulation (3); or
(ii) if the person is a party to a work agreement — specified in subregulations (3) and (3A); or
(iii) if the person is a temporary work sponsor or a professional development sponsor — specified in paragraphs (3) (a) and (b); and
(aa) of a kind specified by the Minister in an instrument in writing (if any) made for this subparagraph; and
(b) in a reproducible format; and
(i) in the manner specified by the Minister in an instrument in writing (if any) made for this subparagraph; or
(ii) if the record is a record mentioned in subparagraph (3) (a) (iii) or (3) (e) (i) or (ii) — in a manner that is capable of being verified by an independent person; and
(d) for the period specified in subregulation (4), (5) or (6).
(3) For paragraph (2) (a), the records are:
(a) if the obligation mentioned in regulation 2.80 applies to the person:
(i) a record of the written request by the primary sponsored person or secondary sponsored person for the payment of return travel costs; and
(ii) a record of when the written request for the payment of return travel costs was received by the person; and
(iii) a record of how the person complied with the request to pay return travel costs, including:
(A) the costs paid; and
(B) who the costs were paid for; and
(C) the date of the payment of the costs; and
(b) if the obligation mentioned in regulation 2.84 applies to the person:
(i) a record of a notification to Immigration of an event specified in regulation 2.84 for the person; and
(ii) a record of the particulars of the notification of the event, including:
(A) the date on which the person notified Immigration of the event; and
(B) the method by which the notification was provided; and
(C) where the notification was provided; and
(c) if:
(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa;
a record of the tasks performed by the primary sponsored person in relation to work undertaken in relation to the nominated occupation or activity; and
(d) a record of the location or locations at which the tasks mentioned in paragraph (c) were performed; and
(e) if the obligation mentioned in regulation 2.79 applies to the person:
(i) a record of the money paid to the primary sponsored person; and
(ii) a record of the money applied or dealt with in any way on the primary sponsored person’s behalf or as the primary sponsored person directed; and
(iii) a record of the non-monetary benefits provided to the primary sponsored person, including the agreed value and the time at which, or the period over which, those benefits were provided; and
(iv) if there is an equivalent worker or workers in the person’s workplace — a record of the terms and conditions that apply, or did apply, to an equivalent worker or workers, including the period over which the terms and conditions applied.
(3A) For subparagraph (2) (a) (ii), the records are the records specified in the work agreement as records that must be kept.
(4) If the person is or was approved as a sponsor in a class of sponsor under subsection 140E (1) of the Act, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the person is approved as a sponsor in a class of sponsor under subsection 140E (1) of the Act; and
(i) the person ceases to be an approved sponsor;
(6) However, the obligation mentioned in subregulation (2) does not require a person to keep a record for a period of more than 5 years.
2.83 Obligation to provide records and information to the Minister
(2) The person must provide records or information to the Minister:
(a) if the Minister has requested the provision of the records or information by written notice in the manner specified in subregulation (3); and
(b) if the records requested by the Minister:
(i) are records the person is required to keep under a law of the Commonwealth or a State or Territory that applies to the person; or
(ii) are records the person is required to keep under regulation 2.82; and
(c) if the records or information relates to:
(i) the administration of Division 3A of Part 2 of the Act and the Regulations made under that Division; or
(ii) if the person is a party to a work agreement — the administration of the work agreement; and
(d) in the manner, and within the timeframe, requested by the Minister in the notice mentioned in subregulation (3).
Note Subregulation 2.82 does not apply to a professional development sponsor.
(3) A notice from the Minister requesting the provision of records or information must:
(a) be given using a method mentioned in section 494B of the Act; and
(b) specify a date for compliance not earlier than 7 days after the date on which a person will be taken, by section 494C of the Act, to have received the document.
(4) If the person is or was approved as a sponsor in a class of sponsor under subsection 140E (1) of the Act, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the person is approved as a sponsor under section 140E of the Act; and
(i) the person ceases to be an approved sponsor; and
2.84 Obligation to provide information to Immigration when certain events occur
(2) The person must:
(a) provide details of an event to Immigration when an event mentioned in this regulation, and specified for the person, occurs; and
(b) provide the details of the event by registered post or electronic mail:
(i) to an address specified by the Minister in an instrument in writing made for the purpose of this subparagraph; and
(ii) within the period specified in subregulation (6).
(3) If the person is or was a standard business sponsor or a party to a work agreement, the person must notify Immigration about each of the following events:
(aa) a change to the work duties carried out by a primary sponsored person;
(b) a change to the information provided to Immigration in the person’s application for approval as a sponsor in relation to:
(i) the training requirement mentioned in paragraphs 2.59 (d) and (e); and
(ii) the person’s address and contact details;
(ba) if the person is or was a party to a work agreement — a change to:
(i) the training information provided in the work agreement; or
(ii) the person’s address and contact details provided in the work agreement;
(c) a change to the information provided to Immigration in the person’s application for a variation of a term of approval in relation to the training requirement mentioned in paragraphs 2.68 (e) and (f);
(d) the legal entity of the person ceases to exist;
(e) if the legal entity of the person is a company — a new director is appointed;
(f) if the legal entity of the person is a partnership — a new partner joins the partnership;
(g) if the legal entity of the person is an unincorporated association — a new member is appointed to the managing committee of the association;
(h) the person has paid the return travel costs of a primary sponsored person or secondary sponsored person in accordance with the obligation mentioned in regulation 2.80;
(i) the person has become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001;
(j) if the person is a natural person — any of the following:
(i) the person enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966;
(ii) the person enters into a debt agreement under Part IX of the Bankruptcy Act 1966;
(iii) a sequestration order is made against the estate of the person under Part IV of the Bankruptcy Act 1966;
(iv) the person becomes a bankrupt by virtue of the presentation of a debtor’s petition under Part IV of the Bankruptcy Act 1966;
(v) the person presents a declaration of intention to present a debtor’s petition under Part IV of the Bankruptcy Act 1966;
(vi) a composition or scheme of arrangement is presented in relation to the person in accordance with Division 6 of Part IV of the Bankruptcy Act 1966;
(k) if the person is a company — any of the following:
(i) an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001;
(ii) the company resolves by special resolution to be wound up voluntarily under subsection 491 (1) of the Corporations Act 2001;
(iii) a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001;
(iv) a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001;
(v) a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001;
(vi) the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001;
(vii) procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001;
(l) if the person is a partner of a partnership, or a member of a managing committee for an unincorporated association — any of the events of the kind mentioned in paragraphs (j) and (k).
(4) If the person is or was a professional development sponsor of a primary sponsored person, the person must inform Immigration about each of the following events:
(a) a change to the information provided to Immigration in the person’s application for approval as a sponsor in relation to:
(i) the person’s address and contact details; and
(ii) the person’s capacity to deliver the approved professional development program; and
(iii) the capacity of a sub-contractor involved in the delivery of the approved professional development program to deliver the program or any part of the program;
(b) the legal entity of the person ceases to exist;
(c) if the legal entity of the person is a company — a new director is appointed;
(d) if the legal entity of the person is a partnership — a new partner joins the partnership;
(e) if the legal entity of the person is an unincorporated association — a new member is appointed to the managing committee of the association;
(f) the person has become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001;
(h) if the person is a company — any of the following:
(i) an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001;
(ii) the company resolves by special resolution to be wound up voluntarily under subsection 491 (1) of the Corporations Act 2001;
(iii) a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001;
(iv) a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001;
(v) a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001;
(vi) the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001;
(vii) procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001;
(i) if the person is a partner of a partnership, or a member of a managing committee for an unincorporated association — any of the events of the kind mentioned in paragraph (h);
(j) the primary sponsored person is unable to participate in the professional development program;
(k) the primary sponsored person has ceased participation in the professional development program prior to the ending of the professional development program;
(l) the primary sponsored person has failed to attend the professional development program, and this absence was not authorised by the professional development sponsor.
(4A) If the person is or was an exchange sponsor, the person must inform Immigration about each of the following events:
(a) a primary sponsored person ceases work, in the position for which the primary sponsored person was identified in the nomination, earlier than the cessation date specified in the exchange agreement mentioned in subregulation 2.72B (4);
(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as an exchange sponsor.
(4B) If the person is or was a foreign government agency sponsor, the person must inform Immigration about each of the following events;
(a) the cessation, or expected cessation, of a primary sponsored person’s employment;
(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a foreign government agency sponsor.
(4C) If the person is or was a special program sponsor, the person must inform Immigration about each of the following events:
(a) a primary sponsored person is unable to meet the requirements of the special program;
(b) a primary sponsored person is unable to participate in a special program;
(c) a primary sponsored person ceases participation in a special program prior to the ending of the special program;
(d) a primary sponsored person fails to attend a special program.
(4D) If the person is or was a visiting academic sponsor, the person must inform Immigration about each of the following events:
(a) a primary sponsored person fails to participate in the nominated activity for which the primary sponsored person was identified;
(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a visiting academic sponsor.
(4E) If the person is or was an entertainment sponsor, the person must inform Immigration about each of the following events:
(a) a primary sponsored person fails to participate in the nominated activity for which the primary sponsored person was identified;
(b) if a primary sponsored person was identified in a nomination to perform in a film or television production — the cessation of the primary sponsored person’s participation in the nominated activity for which the primary sponsored person was identified;
(c) a primary sponsored person (other than a person mentioned in paragraph (b)) ceases participation, in the nominated activity for which the primary sponsored person was identified, prior to the cessation date specified in the itinerary provided to the Minister in accordance with the nomination criteria;
(d) the entertainment sponsor ceases to hold a licence that the entertainment sponsor was required to hold for the nomination to be approved;
(e) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as an entertainment sponsor;
(f) if the entertainment sponsor is an Australian organisation — the legal entity of the sponsor ceases to exist.
(4F) If the person is or was a sport sponsor, the person must inform Immigration about each of the following events:
(a) a primary sponsored person fails to participate in the nominated activity for which the primary sponsored person was identified;
(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a sport sponsor;
(c) if a primary sponsored person was identified in a nomination to:
(i) be a player, a coach or an instructor; or
(ii) participate in a sports training program;
on the basis that a formal arrangement has been entered into between the primary sponsored person and the sport sponsor — a change in the formal arrangement between the primary sponsored person and the sport sponsor;
(d) if a primary sponsored person was identified in a nomination to:
(i) be a player, a coach or an instructor; or
(ii) participate in a sports training program;
on the basis that a formal arrangement has been entered into between the primary sponsored person and the sport sponsor — the primary sponsored person ceases participation in the nominated activity prior to the cessation date specified in the formal arrangement.
(4G) If the person is or was a domestic worker sponsor, the person must inform Immigration about each of the following events:
(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a domestic worker sponsor.
(4H) If the person is or was a religious worker sponsor, the person must inform Immigration about each of the following events:
(a) a primary sponsored person ceases participation in the nominated activity for which the primary sponsored person was identified;
(b) a primary sponsored person fails to participate in the nominated activity for which the primary sponsored person was identified;
(c) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a religious worker sponsor;
(d) the person has paid the return travel costs of a primary sponsored person or secondary sponsored person in accordance with the obligation mentioned in regulation 2.80.
(4I) If the person is or was an occupational trainee sponsor, the person must inform Immigration about each of the following events;
(a) a primary sponsored person ceases participation in the nominated occupational training for which the primary sponsored person was identified;
(b) a primary sponsored person fails to participate in the nominated occupational training for which the primary sponsored person was identified;
(c) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as an occupational trainee sponsor.
(4J) If the person is or was a superyacht crew sponsor, the person must inform Immigration about each of the following events:
(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a superyacht crew sponsor.
(5) For paragraphs (3) (a), (4B) (a), (4G) (a) and (4J) (a):
(a) the person may notify Immigration of the final date of employment of the primary sponsored person before that date; and
(b) if the primary sponsored person does not cease employment with the person, or ceases employment on a different date — the person must notify Immigration of the continued employment or the new date of cessation.
(6) The notification of an event mentioned in an item of the table must be made within the timeframe mentioned in the item.
Item
For an event mentioned in …
the notification must be made …
1
paragraph (3) (a), (4B) (a), (4G) (a) or (4J) (a)
within 10 working days of the primary sponsored person ceasing employment
2
paragraphs (3) (aa) to (l)
within 10 working days of the change or event occurring
3
subregulation (4)
within 10 working days of the change or event occurring
3A
subregulations (4A) to (4J), other than the paragraphs mentioned in item 1
within 10 working days of the change or event occurring
4
subregulation (5)
the earlier of:(a) within 10 working days of the cessation date notified under paragraph (3) (a), (4B) (a), (4G) (a) or (4J) (a); and(b) within 10 working days of the actual cessation date
(7) If the person is or was approved as a sponsor in a class of sponsor under subsection 140E (1) of the Act, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the person is approved as a sponsor under section 140E of the Act; and
(b) ends after the first day on which each of the following occurs concurrently:
(i) the person ceases to be an approved sponsor; and
(8) If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which on which the work agreement commences; and
(b) ends after the first day on which each of the following occurs concurrently:
(i) the person ceases to be a party to a work agreement; and
2.85 Obligation to secure an offer of a reasonable standard of accommodation
(a) a professional development sponsor in relation to a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 470 (Professional Development) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 470 (Professional Development) visa; or
(b) a special program sponsor in relation to a primary sponsored person or a secondary sponsored person, if:
(A) the primary sponsored person or secondary sponsored person holds a Subclass 416 (Special Program) visa; or
(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 416 (Special Program) visa; and
(ii) the position in the activity in relation to which the primary sponsored person or secondary sponsored person was granted the Subclass 416 (Special Program) visa is a volunteer role; or
(c) an entertainment sponsor in relation to a primary sponsored person or a secondary sponsored person, if:
(A) the primary sponsored person or secondary sponsored person holds a Subclass 420 (Entertainment) visa; or
(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 420 (Entertainment) visa; and
(ii) the primary sponsored person or secondary sponsored person was identified in a nomination of an occupation, a program or an activity that is a volunteer role; or
(d) a sport sponsor, or a party to a work agreement (other than a Minister) who is or was an approved sponsor, in relation to a primary sponsored person or a secondary sponsored person, if:
(A) the primary sponsored person or secondary sponsored person holds a Subclass 421 (Sport) visa; or
(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 421 (Sport) visa; and
(ii) the primary sponsored person or secondary sponsored person was identified in a nomination of an occupation, a program or an activity that is a volunteer role; or
(e) a religious worker sponsor, or a party to a work agreement (other than a Minister) who is or was an approved sponsor, in relation to a primary sponsored person or a secondary sponsored person, if:
(A) the primary sponsored person or secondary sponsored person holds a Subclass 428 (Religious Worker) visa; or
(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 428 (Religious Worker) visa; and
(ii) the primary sponsored person or secondary sponsored person was identified in a nomination of an occupation, a program or an activity that is a volunteer role; or
(f) an occupational trainee sponsor in relation to a primary sponsored person or a secondary sponsored person, if:
(A) the primary sponsored person or secondary sponsored person holds a Subclass 442 (Occupational Trainee) visa; or
(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 442 (Occupational Trainee) visa; and
(ii) the primary sponsored person or secondary sponsored person was identified in a nomination of an occupation, a program or an activity that is a volunteer role.
(2) The person must secure 1 or more offers of accommodation for the primary sponsored person or secondary sponsored person that:
(a) will provide for a reasonable standard of accommodation; and
(b) will ensure that the primary sponsored person or secondary sponsored person has accommodation while the primary sponsored person or secondary sponsored person is in Australia.
Example
If accommodation that has been secured becomes unavailable, the approved sponsor must secure another offer of accommodation for the primary sponsored person or secondary sponsored person.
(3) For subregulation (2) (a), accommodation is of a reasonable standard if the accomodation:
(a) meets all relevant State or Territory and local government regulations regarding fire, health and safety; and
(b) offers 24-hour access; and
(c) provides meals or a self-catering kitchen; and
(d) is clean and well-maintained; and
(e) has a lounge area; and
(f) has adequate laundry facilities or a laundry service; and
(g) provides power for lighting, cooking and refrigeration; and
(h) has an adequate ratio of guests to bathroom facilities; and
(i) has uncrowded sleeping areas; and
(j) provides appropriate gender segregated areas and bathroom facilities; and
(k) allows adequate privacy and secure storage for personal items.
(4) The obligation mentioned in subregulation (2):
(a) starts to apply:
(i) if the primary sponsored person or secondary sponsored person holds a Subclass 416 (Special Program) visa or a Subclass 470 (Professional Development) visa — on the day on which the primary sponsored person or secondary sponsored person is granted the visa; or
(ii) if the primary sponsored person or secondary sponsored person holds a Subclass 420 (Entertainment) visa, a Subclass 428 (Religious Worker) visa or a Subclass 442 (Occupational Trainee) visa:
(A) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or
(B) if the primary sponsored person does not hold the visa on the day the Minister approves the nomination — on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and
(B) the visa mentioned in subregulation (1) has ceased to be in effect;
(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and
(II) the last substantive visa held by the primary sponsored person was a visa mentioned in subregulation (1);
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and
(B) the visa mentioned in subregulation (1) has ceased to be in effect;
(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and
(II) the last substantive visa held by the secondary sponsored person was a visa mention in subregulation (1);
2.86 Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity
(a) a standard business sponsor in relation to, or a party to a work agreement (other than a Minister) who is or was an approved sponsor in relation to, a primary sponsored person, if:
(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa; or
(b) an exchange sponsor in relation to a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 411 (Exchange) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 411 (Exchange) visa; or
(c) a visiting academic sponsor in relation to a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 419 (Visiting Academic) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 419 (Visiting Academic) visa; or
(d) an entertainment sponsor in relation to a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 420 (Entertainment) visa or a Subclass 423 (Media and Film Staff) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 420 (Entertainment) visa or a Subclass 423 (Media and Film Staff) visa; or
(e) a sport sponsor in relation to, or a party to a work agreement (other than a Minister) who is or was an approved sponsor in relation to, a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 421 (Sport) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 421 (Sport) visa; or
(f) a domestic worker sponsor in relation to a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or
(g) a religious worker sponsor in relation to, or a party to a work agreement (other than a Minister) who is or was an approved sponsor in relation to, a primary sponsored person, if:
(i) the primary sponsored person holds a Subclass 428 (Religious Worker) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 428 (Religious Worker) visa; or
(h) an occupational trainee sponsor in relation to a primary sponsored person or a secondary sponsored person, if:
(i) the primary sponsored person or secondary sponsored person holds a Subclass 442 (Occupational Trainee) visa; or
(ii) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 442 (Occupational Trainee) visa.
(2) If the primary sponsored person holds a Subclass 457 (Business (Long Stay)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa, the person must ensure that the primary sponsored person does not work in an occupation other than the occupation:
(a) nominated by the person for the primary sponsored person under subsection 140GB (1) of the Act; and
(b) approved by the Minister under subsection 140GB (2) of the Act.
(2A) Subject to subregulation (2B), if:
(a) the primary sponsored person holds a Subclass 457 (Business (Long Stay)) visa; or
(b) the last substantive visa held by the primary sponsored person was a Subclass 457 (Business (Long Stay)) visa;
the person must ensure that the primary sponsored person is only engaged as:
(c) an employee of the person; or
(d) an employee of an associated entity of the person.
(2B) For subregulation (2A), if the Minister specifies an occupation in an instrument in writing for this subregulation, a primary sponsored person may be engaged in that occupation as an independent contractor by:
(a) the person; or
(b) an associated entity of the person.
(2C) If the primary sponsored person holds a visa mentioned in paragraphs (1) (b) to (h), the person must ensure that the primary sponsored person works or participates in the nominated occupation, program or activity in relation to which the primary sponsored person was identified.
(3) The obligations mentioned in subregulations (2), (2A) and (2C):
(a) start to apply:
(i) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or
(ii) if the primary sponsored person does not hold a visa mentioned in subregulation (1) on the day the Minister approves the nomination — on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; or
(iii) if the primary sponsored person was not identified in an approved nomination — the day on which the primary sponsored person is granted a Subclass 457 (Business (Long Stay)) visa on the basis of the person agreeing in writing to being the approved sponsor in relation to the primary sponsored person; and
(b) end on the earliest of:
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and
(B) the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person has ceased to be in effect;
(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and
(II) the last substantive visa held by the primary sponsored person was the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person;
2.87 Obligation not to recover certain costs from a primary sponsored person or secondary sponsored person
(1) This regulation applies to a person who is or was an approved sponsor (other than a professional development sponsor) of a primary sponsored person or a secondary sponsored person.
(2) The person must not recover, or seek to recover, from the primary sponsored person or secondary sponsored person, all or part of the following costs:
(a) the costs that relate specifically to the recruitment of the primary sponsored person, including migration agent costs;
(b) the costs, including migration agent costs, associated with:
(i) becoming an approved sponsor; or
(ii) being an approved sponsor; or
(iii) being a former approved sponsor.
(2A) In addition to subregulation (2), if:
(a) the person is or was:
(i) a domestic worker sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person); or
(ii) a religious worker sponsor in relation to a sponsored person; or
(iii) a party to a work agreement who is or was an approved sponsor in relation to a sponsored person; and
(b) either:
(i) the sponsored person holds a Subclass 427 (Domestic Worker (Temporary) — Executive) visa or a Subclass 428 (Religious Worker) visa; or
(ii) the last substantive visa held by the sponsored person was a Subclass 427 (Domestic Worker (Temporary) — Executive) visa or a Subclass 428 (Religious Worker) visa;
the person must not recover or seek to recover from the sponsored person any expenditure by the person in relation to financial support of the sponsored person in Australia.
(3) If the person is or was approved as a sponsor in a class of sponsor under subsection 140E (1) of the Act, the obligations mentioned in subregulations (2) and (2A):
(a) start to apply on the day on which the person is approved as a sponsor; and
(b) end on the day on which each of the following has occurred:
(i) the person ceases to be an approved sponsor;
(4) If the person is or was a party to a work agreement, the obligations mentioned in subregulations (2) and (2A):
(a) start to apply on the day on which the work agreement commences; and
(b) end on the day on which each of the following has occurred:
2.87A Obligation to make same or equivalent position available to Australian exchange participants
(1) This regulation applies to a person who is or was an exchange sponsor.
(2) Immediately after the completion of the exchange mentioned in subregulation 2.72B (4), the person must make available to the Australian citizen or Australian permanent resident named in the exchange agreement under that subregulation (the Australian participant) the same position as, or a position equivalent to, the position held by the Australian participant in Australia at the time the exchange agreement was entered into.
(3) The obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the Minister approved the nomination made by the exchange sponsor in relation to the exchange; and
(b) ends 30 days after completion of the exchange.
Division 2.20 Circumstances in which sponsor may be barred or sponsor’s approval may be cancelled
2.88 Preliminary
For subparagraphs 140L (1) (a) (i) and (ii) of the Act, each of the circumstances mentioned in this Division is a circumstance in which the Minister may take one or more of the actions mentioned in section 140M of the Act.
Note The Minister cannot take action against a party to a work agreement under section 140M of the Act. The terms of the work agreement will provide for whether the agreement can be cancelled or whether the person can be barred from doing certain things under the agreement.
2.89 Failure to satisfy sponsorship obligation
(a) a standard business sponsor in relation to a primary sponsored person or a secondary sponsored person; or
(b) a professional development sponsor in relation to a primary sponsored person; or
(c) a temporary work sponsor in relation to a primary sponsored person or a secondary sponsored person.
(2) For subparagraph 140L (1) (a) (i) of the Act, the circumstance is that the Minister is satisfied that the person has failed to satisfy a sponsorship obligation mentioned in Division 2.19.
(3) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the past and present conduct of the person in relation to Immigration; and
(b) the number of occasions on which the person has failed to satisfy the sponsorship obligation; and
(c) the nature and severity of the circumstances relating to the failure to satisfy the sponsorship obligation, including the period of time over which the failure has occurred; and
(d) the period of time over which the person has been an approved sponsor; and
(e) whether, and the extent to which, the failure to satisfy the sponsorship obligation has had a direct or indirect impact on another person; and
(f) whether, and the extent to which, the failure to satisfy the sponsorship obligation was intentional, reckless or inadvertent; and
(g) whether, and the extent to which, the person has cooperated with Immigration, including whether the person informed Immigration of the failure; and
(h) the steps (if any) the person has taken to rectify the failure to satisfy the sponsorship obligation, including whether the steps were taken at the request of Immigration or otherwise; and
(i) the processes (if any) the person has implemented to ensure future compliance with the sponsorship obligation; and
(j) the number of other sponsorship obligations that the person has failed to satisfy, and the number of occasions on which the person has failed to satisfy other sponsorship obligations; and
(k) any other relevant factors.
2.90 Provision of false or misleading information
(c) a temporary work sponsor.
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that the person has provided false or misleading information to Immigration or the Migration Review Tribunal.
(3) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the purpose for which the information was provided; and
(b) the past and present conduct of the person in relation to Immigration; and
(c) the nature of the information; and
(d) whether, and the extent to which, the provision of false or misleading information has had a direct or indirect impact on another person; and
(e) whether the information was provided in good faith; and
(f) whether the person notified Immigration immediately upon discovering that the information was false or misleading; and
(g) any other relevant factors.
2.91 Application or variation criteria no longer met
(c) a temporary work sponsor.
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that:
(a) the person no longer satisfies the criteria prescribed under section 140E of the Act at the time the person was approved as a sponsor; or
(b) if the terms of the approval of the person as a standard business sponsor or temporary work sponsor have been varied — the person no longer satisfies the criteria prescribed under section 140GA of the Act at the time of the approval of the variation.
(3) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the nature of the applicable sponsorship criteria that the person no longer meets; and
(b) whether, and the extent to which, the failure to continue to satisfy the criteria for approval as a sponsor, or to continue to satisfy the criteria for approval of a variation, has had a direct or indirect impact on another person; and
(c) the reason why the person no longer satisfies the applicable sponsorship criteria, including whether the failure to satisfy the criteria is within the person’s control; and
(d) the steps (if any) the person has taken to ensure that the person will satisfy the applicable criteria in the future; and
2.92 Contravention of law
(a) a standard business sponsor in relation to a primary sponsored person; or
(c) a temporary work sponsor in relation to a primary sponsored person.
Standard business sponsors, professional development sponsors and temporary work sponsors
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance for a person who is or was a standard business sponsor, a professional development sponsor or a temporary work sponsor is that the Minister is satisfied that the person has been found by a court or a competent authority to have contravened a Commonwealth, State or Territory law.
(3) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstances mentioned in subregulation (2) are:
(a) the past and present conduct of the person; and
(b) the nature of the law that the person has contravened; and
(c) the gravity of the unlawful activity; and
Standard business sponsors and temporary work sponsors
(4) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance for a standard business sponsor or a temporary work sponsor is that the Minister is satisfied that each of the following applies:
(a) the primary sponsored person has been found by a court or a competent authority to have contravened a Commonwealth, State or Territory law;
(b) the law was a law relating to the licensing, registration or membership of the primary sponsored person in relation to the primary sponsored person’s approved occupation;
(c) the primary sponsored person was required to comply with the law in order to work in the occupation nominated by the standard business sponsor or temporary work sponsor and approved by the Minister.
(5) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstances mentioned in subregulation (4) are:
(a) whether the person took reasonable steps to prevent the primary sponsored person from contravening a law relating to a licensing, registration or membership requirement of the primary sponsored person’s approved occupation; and
(b) whether any other primary sponsored person, while in the employ of the person, has been found by a court or a competent authority to have contravened a law relating to a licensing, registration or membership requirement; and
(c) the processes (if any) the person has implemented to ensure future compliance with the licensing, registration or membership requirements of a primary sponsored person’s approved occupation; and
2.93 Unapproved change to professional development program or special program
(a) a professional development sponsor; or
(b) a special program sponsor.
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that the person made a change to:
(a) if the person is or was a professional development sponsor — the professional development program; or
(b) if the person is or was a special program sponsor — the special program;
without the approval in writing of the Secretary.
(3) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must to take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the severity of the conduct; and
(b) the past conduct of the person in relation to Immigration; and
(c) the impact, if any, that the taking of the action may have on the Australian community; and
(d) the extent to which the barring of the person as a sponsor will be an adequate means of dealing with the matter, having regard to:
(i) the seriousness of the inability, or of the failure, to comply; and
(ii) the past conduct of the person; and
2.94 Failure to pay additional security
(1) This regulation applies to a person who is or was a professional development sponsor.
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that the person has failed to pay an additional security requested by an authorised officer under section 269 of the Act.
(3) For subregulation (2), a person has failed to pay an additional security if the person has failed to pay the security:
(a) within 28 days of the day on which the person was requested to pay the security; or
(b) within a longer period as allowed by an authorised officer in the request.
(4) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must to take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the severity of the conduct; and
(b) the past conduct of the person in relation to Immigration; and
(c) the impact, if any, that the taking of the action may have on the Australian community; and
(d) the extent to which the barring of the person as a sponsor will be an adequate means of dealing with the matter, having regard to:
(i) the seriousness of the inability, or of the failure, to comply; and
(ii) the past conduct of the person; and
2.94A Failure to comply with certain terms of special program agreement
(1) This regulation applies to a person who is or was a special program sponsor.
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that the person has not complied with a term or condition of the special program agreement in relation to which the special program sponsor was approved.
(3) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the past and current conduct of the person in relation to Immigration; and
(b) the extent to which the person has not complied with the special program agreement; and
(c) the number of occasions on which the person has failed to comply with the special program agreement; and
2.94B Failure to pay medical and hospital expenses
(1) This regulation applies to a person who is or was a standard business sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person) whose Subclass 457 (Business (Long Stay)) visa was granted before 14 September 2009.
(2) For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that the person has not paid a medical or hospital expense incurred by the sponsored person arising from treatment in a public hospital.
(3) The medical or hospital expense:
(a) must be incurred by the sponsored person on or after 14 September 2009; and
(b) must be incurred while the sponsored person is a primary sponsored person or secondary sponsored person in relation to the person; and
(c) must not have been paid under an insurance policy or a reciprocal health agreement between Australia and another country.
(4) For paragraph 140L (1) (b) of the Act, the criteria that the Minister must take into account in determining what action (if any) to take under section 140M of the Act in relation to the circumstance mentioned in subregulation (2) are:
(a) the past and present conduct of the person in relation to Immigration; and
(b) the number of occasions on which the person has not paid medical or hospital expenses incurred by a sponsored person arising from treatment in a public hospital; and
(c) the amount of the medical or hospital expenses that the person has not paid; and
(d) the circumstances in which the medical or hospital expenses were incurred; and
(e) any other matter the Minister considers relevant.
Division 2.21 Process to bar sponsor or cancel sponsor’s approval
2.95 Preliminary
(1) This Division applies to a person who is or was an approved sponsor (other than a party to a work agreement).
Note The Minister cannot take action against a party to a work agreement under section 140M of the Act. The terms of the work agreement will provide for whether the agreement can be cancelled or whether the person can be barred from doing certain things under the agreement.
(2) If the Minister is taking action against a person under section 140M of the Act, the Minister must do so in accordance with the process set out in this Division.
2.96 Notice of intention to take action
(1) If the Minister is considering taking action under section 140M of the Act in relation to the person, the Minister must give a written notice to the person.
(2) The notice must:
(a) specify details of the circumstances prescribed under section 140L of the Act in relation to which action is being considered; and
(b) specify details of the actions that the Minister may take; and
(c) specify the address for providing a response to the Minister; and
(d) be given using a method mentioned in section 494B of the Act; and
(e) specify a date for a response not earlier than 7 days after the date a person is taken to have received the notice by section 494C of the Act.
2.97 Decision
The Minister must consider a response before making a decision if the person:
(a) provides a response to the Minister before the date mentioned in paragraph 2.96 (2) (e); or
(b) provides a response:
(i) after the date mentioned in paragraph 2.96 (2) (e); and
(ii) before the Minister has made the decision.
2.98 Notice of decision
(1) If the Minister decides to take action under section 140M of the Act, the Minister must notify the person, in writing, of the following matters:
(a) the decision taken by the Minister, including the effect of the decision;
(b) the grounds for making the decision;
(c) if the person has a right to have the decision reviewed under Part 5 of the Act — state:
(i) that the decision can be reviewed; and
(ii) the time in which the application for review may be made; and
(iii) who can apply for the review; and
(iv) where the application for review may be made;
(d) if an action is to bar the person:
(i) details of how the person can apply for a waiver of the bar; and
(ii) the address to which a request for a waiver, if made, must be sent.
(2) If a notice is issued under regulation 2.96, and the Minister decides to take no action under section 140M of the Act, the Minister must notify the person, in writing, of the decision to take no action.
Division 2.22 Waiving a bar on sponsor’s approval
2.99 Application
This Division applies to a person who is or was an approved sponsor other than a party to a work agreement.
2.100 Circumstances in which a bar may be waived
For subsection 140O (2) of the Act, a circumstance in which the Minister may waive a bar is that the Minister has received a request from the person to waive the bar.
2.101 Criteria for waiving a bar
For subsection 140O (3) of the Act, the criteria to be taken into account by the Minister in determining whether to waive a bar are:
(a) whether the person has made the request to waive the bar in accordance with the process set out in regulation 2.102; and
(b) if the Minister has not previously refused to waive the bar:
(i) whether the interests of Australia would be significantly affected if the bar were not waived; and
(ii) whether a substantial trade opportunity would be lost if the bar were not waived; and
(iii) whether there would be a significant detriment to the Australian community if the bar were not waived; and
(iv) whether the person’s inability to sponsor a proposed primary sponsored person would significantly damage Australia’s relations with the government of another country; and
(v) whether significant new evidence or information has come to light which was not available at the time the decision to place the bar was made; and
(c) if the Minister has previously refused to waive the bar, whether the circumstances relevant to the making of the earlier decision have changed substantially.
2.102 Process to waive a bar
(1) For section 140P of the Act, the Minister may waive a bar placed on the person under section 140M of the Act in accordance with the process set out in this regulation.
(2) A request from the person to the Minister to waive the bar must:
(a) be in writing; and
(b) be sent to the address specified in the notice from the Minister mentioned in regulation 2.98.
Division 2.22A Inspectors
2.102A Period of appointment
For subsection 140V (2) of the Act, the period specified in an instrument of appointment issued under subsection 140V (1) of the Act must not exceed 4 years.
2.102B Identity cards
(1) For paragraph 140W (2) (a) of the Act, an identity card:
(a) must be:
(i) in accordance with prescribed Form 4; or
(ii) the form approved by the Fair Work Ombudsman under subsection 702 (3) of the Fair Work Act 2009; and
(b) may include additional information that is not set out in the form mentioned in paragraph (a).
2.102C Purposes for which powers of inspectors may be exercised
For paragraph 140X (b) of the Act, the purposes for which an inspector may exercise his or her powers are:
(a) determining whether a term or a condition of a work agreement is being, or has been, complied with; and
(b) determining whether a circumstance prescribed under section 140L of the Act exists or has existed; and
(c) investigating a circumstance, if a circumstance exists or has existed, in order to assist the Minister in determining what (if any) action to take under section 140M of the Act.
Note 1 These purposes are additional to the purpose of determining whether a sponsorship obligation is being, or has been, complied with — see paragraph 140X (a) of the Act.
Note 2 Section 140L of the Act allows the regulations to prescribe circumstances in which a sponsor may be barred or a sponsor’s approval may be cancelled. These circumstances are prescribed in Division 2.20.
Note 3 Section 140M of the Act enables the Minister to cancel the approval of a sponsor or to bar a sponsor if regulations are prescribed under section 140L of the Act.
Division 2.23 Disclosure of personal information
2.103 Disclosure of personal information by Minister
(1) For subsection 140ZH (1) of the Act, the kinds of information about a visa holder or a former visa holder that may be disclosed by the Minister to a person mentioned in column 3 of items 1 and 2 of the table in subsection 140ZH (1), and to an agency mentioned in subregulation (3), are:
(a) information relating to a failure to comply with a visa condition; and
(b) information about the immigration status of the visa holder or former visa holder; and
(c) information about the terms and conditions of employment of the visa holder or former visa holder; and
(d) information about costs incurred by the Commonwealth in relation to the visa holder or former visa holder; and
(e) information about an allegation made by the visa holder or former visa holder (or presumed to be made by the visa holder or former visa holder) that:
(i) an approved sponsor or a former approved sponsor has failed to satisfy a sponsorship obligation; or
(ii) a circumstance prescribed under section 140L of the Act may exist; and
(f) information about a debt, relating to the visa holder or former visa holder, owed by an approved sponsor or former approved sponsor.
(2) For subsection 140ZH (1) of the Act, the kinds of information about an approved sponsor, or former approved sponsor, of a visa holder or a former visa holder that may be disclosed by the Minister to a person mentioned in column 3 for items 3 and 4 of the table in subsection 140ZH (1), and to an agency mentioned in subregulation (3), are:
(a) information relating to a failure, or a possible failure, to satisfy a sponsorship obligation prescribed under subsection 140H (1) of the Act; and
(b) information that a circumstance prescribed under section 140L of the Act may exist; and
(c) information about a warning given in relation to the possible existence of a circumstance prescribed under section 140L of the Act; and
(d) information about an action taken under section 140M of the Act; and
(e) information about a pecuniary penalty imposed for a contravention of section 140Q of the Act; and
(f) information about a warning given in relation to a possible contravention of section 140Q of the Act; and
(g) information about an infringement notice issued under section 140R of the Act; and
(h) information about the outcome of monitoring by an inspector exercising powers under Subdivision F of Division 3A of Part 2 of the Act; and
(i) information provided to the Minister in accordance with regulation 2.83; and
(j) information provided to Immigration in accordance with regulation 2.84; and
(k) information relevant to the performance of a function by a Commonwealth, State or Territory agency relating to the regulation of 1 or more of the matters mentioned in subregulation (3).
Note Regulation 2.83 prescribes a sponsorship obligation to provide records and information to the Minister. Regulation 2.84 prescribes a sponsorship obligation to provide information to Immigration when certain events occur.
(3) For subsection 140ZH (1) of the Act, an agency that the Minister may disclose information to is a Commonwealth, State or Territory agency responsible for the regulation of 1 or more of the following matters:
(a) education;
(b) fair trading;
(c) health;
(d) industrial relations;
(e) law enforcement;
(f) public safety;
(g) registration and licensing in relation to an occupation;
(h) taxation;
(i) trade practices;
(j) workplace safety;
(k) workplace training.
2.104 Circumstances in which the Minister may disclose personal information
(1) For subsection 140ZH (2) of the Act, this regulation sets out the circumstances in which the Minister may disclose personal information to which subsection 140ZH (1) of the Act applies.
(2) Each of the following are circumstances in which the Minister may disclose personal information to a visa holder or a former visa holder:
(a) the disclosure of the information may assist Immigration in determining:
(i) whether an approved sponsor or a former approved sponsor has failed to satisfy a sponsorship obligation; or
(ii) whether a circumstance prescribed under section 140L of the Act exists in relation to an approved sponsor or a former approved sponsor of the visa holder or the former visa holder;
(b) the disclosure of the information may assist the visa holder or former visa holder to recover a debt under section 140S of the Act;
(c) the disclosure of the information will notify the visa holder or the former visa holder that their approved sponsor or former approved sponsor has been sanctioned:
(i) for a failure to satisfy a sponsorship obligation prescribed under section 140H of the Act; or
(ii) due to the existence of a circumstance prescribed under section 140L of the Act;
(d) the disclosure of the information will notify the visa holder or the former visa holder of the outcome of an allegation made by the visa holder or the former visa holder in relation to an approved sponsor or a former approved sponsor.
(3) Each of the following are circumstances in which the Minister may disclose personal information to an approved sponsor or a former approved sponsor:
(a) the disclosure of the information may assist the approved sponsor or former approved sponsor:
(i) to respond to a claim that a sponsorship obligation has not been satisfied; or
(ii) to respond to a claim that a circumstance prescribed under section 140L of the Act exists; or
(iii) to satisfy a sponsorship obligation; or
(iv) to meet a liability to a visa holder or a former visa holder;
(b) the disclosure of the information will notify the approved sponsor or former approved sponsor that he or she is no longer the approved sponsor of a visa holder or a former visa holder;
(c) the disclosure of the information will notify the approved sponsor or former approved sponsor of the cancellation of a visa held by a person who is or was a primary sponsored person or a secondary sponsored person.
(4) Each of the following are circumstances in which the Minister may disclose personal information to an agency of the Commonwealth or a State or Territory:
(a) the disclosure of the information may assist the agency to perform a regulatory function in relation to the matters mentioned at subregulation 2.103 (3);
(b) the disclosure of the information may assist Immigration in determining:
(i) whether an approved sponsor or a former approved sponsor has satisfied a sponsorship obligation; or
(ii) whether a circumstance prescribed under section 140L of the Act exists.
2.105 Circumstances in which a recipient may use or disclose personal information
For subsection 140ZH (3) of the Act, the circumstance in which a recipient of personal information may use or disclose information to which subsection 140ZH (1) of the Act applies is that the information is to be used or disclosed by the recipient in the same circumstances in which it was disclosed to the recipient.
2.106 Disclosure of personal information to Minister
For subsection 140ZI (1) of the Act, the kind of personal information that the Minister may request an approved sponsor or a former approved sponsor of a visa holder or a former visa holder to disclose to the Minister is the contact details of the visa holder or the former visa holder.
Examples
1 a postal address
2 a residential address
3 a telephone number
4 a personal website
5 an email address.
[10] Subregulation 4.02 (1), including the note
omit
[10A] Subregulation 4.02 (1A)
(1AA) For section 337 of the Act, sponsored includes being identified in a nomination under section 140GB of the Act.
(1A) For paragraph 338 (2) (d) of the Act, the following visas are prescribed:
(a) a Subclass 411 (Exchange) visa;
(b) a Subclass 415 (Foreign Government Agency) visa;
(c) a Subclass 416 (Special Program) visa;
(d) a Subclass 419 (Visiting Academic) visa;
(e) a Subclass 420 (Entertainment) visa;
(f) a Subclass 421 (Sport) visa;
(g) a Subclass 423 (Media and Film Staff) visa;
(h) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;
(i) a Subclass 428 (Religious Worker) visa;
(j) a Subclass 442 (Occupational Trainee) visa;
(k) a Subclass 457 (Business (Long Stay)) visa;
(l) a Subclass 488 (Superyacht Crew) visa.
[11] Paragraphs 4.02 (4) (a) to (d)
(a) a decision under subsection 140E (1) of the Act to refuse a person’s application for approval as a sponsor in relation to one or more classes of sponsor;
(d) a decision under subsection 140GB (2) of the Act to refuse to approve a nomination;
[12] Paragraphs 4.02 (4) (g) to (i)
(h) a decision under section 140M of the Act to take 1 or more actions to cancel a sponsor’s approval or to bar a sponsor;
[13] Paragraph 4.02 (4) (m)
omit
applicant.
applicant;
[14] After paragraph 4.02 (4) (m)
(n) a decision under subsection 140GA (2) of the Act not to vary a term specified in an approval.
[15] After subregulation 4.02 (4)
(4A) For paragraph (4) (a), the decision is not an MRT‑reviewable decision if the decision relates to a person:
(a) whose application for approval as an approved sponsor in relation to the standard business sponsor class has been refused; and
(b) in making the decision, the Minister did not consider the criteria at paragraphs 2.59 (d) and (e).
Note The Minister is required to consider the criteria at paragraphs 2.59 (d) and (e) only if the applicant is lawfully operating a business in Australia.
(4B) For paragraphs (4) (d) and (h), the decision is not an MRT‑reviewable decision:
(a) if the decision relates to a person who is:
(i) a standard business sponsor; or
(ii) a former standard business sponsor; and
(b) either:
(i) in making the decision under subsection 140E (1) of the Act (whether to approve the person as a standard business sponsor), the Minister did not consider the criteria at paragraphs 2.59 (d) and (e); or
(ii) in making the decision under subsection 140GA (2) of the Act (whether to vary the terms of approval), the Minister did not consider the criteria at paragraphs 2.68 (e) and (f).
Note The Minister is required to consider the criteria at paragraphs 2.59 (d) and (e) or paragraphs 2.68 (e) and (f) only if the applicant is lawfully operating a business in Australia.
(4C) For paragraph (4) (n), the decision is not an MRT‑reviewable decision if:
(a) the decision relates to a person who is:
(i) a standard business sponsor; or
(ii) a former standard business sponsor; and
(b) in making the decision under subsection 140GA (2) of the Act (whether to vary the terms of approval), the Minister did not consider the criteria at paragraphs 2.68 (e) and (f).
Note The Minister is required to consider the criteria at paragraphs 2.68 (e) and (f) only if the applicant is lawfully operating a business in Australia.
[16] Paragraph 4.02 (5) (b)
omit
[17] Paragraph 4.02 (5) (c)
(c) in the case of a decision mentioned in paragraph (4) (d) — the approved sponsor who made the nomination;
[18] Paragraphs 4.02 (5) (f) and (g)
(g) in the case of a decision mentioned in paragraph (4) (h) — the person whose approval is cancelled or who has been barred;
[19] Paragraph 4.02 (5) (j)
omit
[20] Paragraph 4.02 (5) (l)
omit
relates.
relates;
[21] After paragraph 4.02 (5) (l)
(m) in the case of a decision to which paragraph (4) (n) applies — the approved sponsor who applied for a variation of the term.
[22] Regulation 5.20, heading
5.20 Prescribed penalties — offences (Act, ss 137, 229, 230 and 245N)
For subsection 140R (1) of the Act, the penalty to be paid as an alternative to the Minister applying to a Court for an order that a pecuniary penalty be paid for a contravention of subsection 140Q (1), 140Q (2), 140XE (3) or 140XF (3) of the Act is:
(a) if the person has previously been issued an infringement notice for an alleged contravention of a civil penalty provision, or has been ordered by a Court to pay a pecuniary penalty for contravention of a civil penalty provision:
(i) in the case of a natural person — 12 penalty units; or
(ii) in the case of a body corporate — 60 penalty units; or
(b) if paragraph (a) does not apply to the person:
(i) in the case of a natural person — 6 penalty units; or
(ii) in the case of a body corporate — 30 penalty units.
Note 1 Subsections 140Q (1) and (2) of the Act are civil penalty provisions that are contravened if an approved sponsor or a former approved sponsor fails to satisfy a sponsorship obligation.
Note 2 Subsection 140XE (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a requirement to:
Note: (a) tell an inspector the person’s name and address if the inspector reasonably believes that the person has contravened a civil penalty provision; or
Note: (b) give evidence of the correctness of the person’s name and address if the inspector reasonably believes that the name or address provided by the person is false.
Note 3 Subsection 140XF (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a notice to produce a record or document to an inspector.
[24] Subregulation 5.21 (1), definition of prescribed penalty
prescribed penalty means:
(a) in relation to an offence — the penalty prescribed by regulation 5.20 for the offence; or
(b) in relation to a civil penalty provision — the penalty prescribed by regulation 5.20A for a contravention of the civil penalty provision.
[25] Subregulation 5.21 (1), note
Note 1 Section 137 of the Act permits the Secretary to require information from the holder of a business visa.
Note: Subsections 140Q (1) and (2) of the Act are civil penalty provisions that are contravened if an approved sponsor or a former approved sponsor fails to satisfy a sponsorship obligation.
Note: Subsection 140XE (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a requirement to:
Note: (a) tell an inspector the person’s name and address if the inspector reasonably believes that the person has contravened a civil penalty provision; or
Note: (b) give evidence of the correctness of the person’s name and address if the inspector reasonably believes that the name or address provided by the person is false.
Note: Subsection 140XF (3) of the Act is a civil penalty provision that is contravened if a person does not comply with a notice to produce a record or document to an inspector.
Note: Section 229 of the Act prohibits the carrying of persons to Australia without visas.
Note: Section 230 of the Act makes it an offence to have an unlawful non-citizen concealed on a vessel entering Australia.
Note: Subsection 245L (2) of the Act establishes an obligation on an operator of an aircraft or ship to report to the Department about passengers and crew prior to their arrival in Australia.
Note: Subsection 245N (2) of the Act makes it an offence for an operator of an aircraft or ship to contravene subsection 245L (2).
Note 2 civil penalty provision is defined in subsection 5 (1) of the Act.
[28] Regulation 5.22
Substitute
5.22 When can an infringement notice be served?
(1) If an authorised officer has reason to believe that a person has committed an offence or has contravened a civil penalty provision, the officer may cause an infringement notice to be served on the person in accordance with this Division.
(2) An infringement notice must be served within 12 months of the date on which, or the last day of the period over which, an offence is alleged to have been committed or a civil penalty provision is alleged to have been contravened.
(3) An infringement notice must not be served on a person in relation to:
(a) a failure to satisfy a sponsorship obligation prescribed in regulation 2.78; or
(b) a failure to satisfy a sponsorship obligation prescribed in regulation 2.85.
Note Regulation 2.78 prescribes an obligation to cooperate with inspectors. Regulation 2.85 prescribes an obligation to secure an offer of a reasonable standard of accommodation for a primary sponsored person or secondary sponsored person.
[29] Paragraph 5.23 (1) (b)
(b) if the notice is for the commission of an offence — set out:
(i) the day on which the offence is alleged to have been committed; and
(ii) if the offence is against section 229 or 230 of the Act, the place at which the offence is alleged to have been committed; or
(ba) if the notice is for a contravention of a civil penalty provision — set out the day on which, or the period over which, the civil penalty provision is alleged to have been contravened; and
[30] Paragraph 5.23 (1) (c)
after
particulars of the alleged offence
or the alleged contravention of a civil penalty provision
[31] Paragraph 5.23 (1) (g)
omit
notice.
notice; and
[32] After paragraph 5.23 (1) (g)
(h) if the notice is for a contravention of a civil penalty provision — state that if the provision is contravened after the day on which, or the period over which, the contravention specified in the notice occurred, the person will have contravened the provision again and further action may be taken to sanction the person as mentioned in section 140K of the Act.
[33] Regulation 5.25
5.25 What happens if the prescribed penalty is paid?
If the person on whom an infringement notice is served pays the prescribed penalty in relation to the alleged offence or the alleged contravention of a civil penalty provision before:
(a) the end of:
(i) the period of 28 days after the date of service of the notice; or
(ii) if a further period has been allowed under regulation 5.24 — that further period; or
(b) the notice is withdrawn;
whichever happens first, then:
(c) any liability of the person in respect of the alleged offence or the alleged contravention of the civil penalty provision is discharged; and
(d) no further proceedings may be taken in respect of the alleged offence or the alleged contravention of the civil penalty provision; and
(e) the person is not to be taken to have been convicted of the alleged offence.
[34] Subregulation 5.26 (2)
An infringement notice for:
(a) an alleged offence against section 229 or 230 of the Act; or
(b) an alleged contravention of a civil penalty provision;
must not be withdrawn under subregulation (1) after the expiry of 3 months commencing on the day on which the notice was served.
[35] Regulation 5.28
5.28 Evidence
(1) In the hearing of proceedings for:
(a) a prosecution for an offence specified in an infringement notice; or
(b) an application for a pecuniary penalty order in relation to a contravention of a civil penalty provision specified in an infringement notice;
a certificate signed by an authorised officer and stating a matter mentioned in subregulation (2) is evidence of the matter.
(2) The matter is that the authorised officer:
(a) did not allow further time for payment of the penalty specified in the infringement notice under regulation 5.24 and the penalty was not paid within the time allowed for payment of the notice; or
(b) allowed a further period (as specified in the certificate) for payment of the penalty specified in the infringement notice and the penalty was not paid within that further period; or
(c) withdrew the infringement notice on a day specified in the certificate.
(3) A certificate that purports to have been signed by an authorised officer is taken to have been signed by that person unless the contrary is proved.
[36] Regulation 5.29, heading
5.29 Can there be more than one infringement notice for the same offence or contravention of a civil penalty provision?
[37] Regulation 5.29
after
for the same offence
or the same contravention of a civil penalty provision
[38] Regulation 5.31
5.31 Infringement notice not compulsory
Nothing in this Division:
(a) requires an infringement notice to be served on a person in relation to an offence or a contravention of a civil penalty provision; or
(b) affects the liability of a person to be prosecuted for an offence or to be subject to proceedings in relation to a contravention of a civil penalty provision if the person does not comply with an infringement notice; or
(c) affects the liability of a person to be prosecuted for an offence or to be subject to proceedings in relation to a contravention of a civil penalty provision if an infringement notice is not served on the person in relation to the offence or in relation to a contravention of a civil penalty provision; or
(d) affects the liability of a person to be prosecuted for an offence or to be subject to proceedings in relation to a contravention of a civil penalty provision if an infringement notice is served and withdrawn; or
(e) limits the amount of:
(i) the fine that may be imposed by a court on a person convicted of an offence; or
(ii) the pecuniary penalty that may be imposed by a court on a person for a contravention of a civil penalty provision.
[39] Schedule 1, subparagraph 1205 (2) (a) (i)
(i) In the case of an applicant who is outside Australia at the time of application, and who appears to the Minister on the basis of the information contained in the application to meet the requirements of subparagraph (iii): Nil
[40] Schedule 1, subparagraph 1205 (2) (a) (ii)
(ii) An applicant meets the requirements of this subparagraph if:
(A) the applicant has been identified in a nomination under section 140GB of the Act to perform as an entertainer in 1 or more specific engagements that are for non-profit purposes; or
(B) the applicant is a person mentioned in sub‑sub-subparagraph 1205 (3) (ca) (ii) (B) (I) or (II) who is:
(I) funded wholly or in part by the Commonwealth; and
(II) is approved by the Secretary for this sub-sub-subparagraph.
[41] Schedule 1, paragraph 1205 (3) (c)
before
criteria
primary
[42] Schedule 1, paragraph 1205 (3) (c)
omit
form 148
form 1379
[43] Schedule 1, after paragraph 1205 (3) (c), including the note
(ca) Applicant (other than an applicant seeking to satisfy the criteria for the grant of a Subclass 416 (Special Program) visa) must:
(i) specify, in the application, the person by whom the applicant has been identified, or proposes to be identified, in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is:
(A) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 411 (Exchange) visa:
(I) an exchange sponsor; or
(II) a person who has applied for approval as an exchange sponsor but whose application has not yet been decided; or
(B) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 420 (Entertainment) visa or Subclass 423 (Media and Film Staff) visa:
(I) an entertainment sponsor; or
(II) a person who has applied for approval as an entertainment sponsor but whose application has not yet been decided; or
(C) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 421 (Sport) visa:
(I) a sport sponsor or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (3); or
(II) a person who has applied for approval as a sport sponsor but whose application has not yet been decided; or
(D) if the applicant seeks to satisfy the primary criteria for the grant of a Subclass 428 (Religious Worker) visa:
(I) a religious worker sponsor or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (4);
(II) or a person who has applied for approval as a religious worker sponsor but whose application has not yet been decided.
(cb) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 416 (Special Program) visa (other than the criterion specified in paragraph 416.222 (d) of Schedule 2) must:
(i) specify, in the application, the person who proposes to be the special program sponsor in relation to the applicant; and
(ii) provide evidence that the person is a special program sponsor, or is a person who has applied for approval as a special program sponsor but whose application has not yet been decided.
[44] Schedule 1, after paragraph 1207 (3) (b)
(ba) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 427 (Domestic Worker (Temporary) — Executive) visa must:
(i) specify, in the application, the person by whom the applicant proposes to be identified in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is a domestic worker sponsor, or a person who has applied for approval as a domestic worker sponsor but whose application has not yet been decided.
[45] Schedule 1, after paragraph 1208 (3) (b)
(ba) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 415 (Foreign Government Agency) visa must:
(i) specify, in the application, the person who proposes to be the foreign government agency sponsor in relation to the applicant; and
(ii) provide evidence that the person is a foreign government agency sponsor, or is a person who has applied for approval as a foreign government agency sponsor but whose application has not yet been decided.
(bb) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 419 (Visiting Academic) visa must:
(i) specify, in the application, the person by whom the applicant proposes to be identified in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is a visiting academic sponsor, or is a person who has applied for approval as a visiting academic sponsor but whose application has not yet been decided.
(bc) Unless subitem (3A) applies, an applicant seeking to satisfy the primary criteria for the grant of a Subclass 442 (Occupational Trainee) visa must:
(i) specify, in the application, the person by whom the applicant proposes to be identified in a nomination for the purposes of section 140GB of the Act; and
(ii) provide evidence that the person is an occupational trainee sponsor, or a person who has applied for approval as an occupational trainee sponsor but whose application has not yet been decided.
[46] Schedule 1, after subitem 1208 (3)
(3A) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 442 (Occupational Trainee) visa in order to undertake a program of occupational training that will be provided by the Commonwealth must:
(i) specify, in the application, the person who proposes to be the occupational trainee sponsor in relation to the applicant; and
(ii) provide evidence that the person is an occupational trainee sponsor, or is a person who has applied for approval as an occupational trainee sponsor but whose application has not yet been decided.
[47] Schedule 1, subparagraphs 1220B (3) (a) (i) and (ii), including the note
(i) must include evidence that:
(A) a professional development sponsor has agreed, in writing, to be the professional development sponsor in relation to the person; and
(B) the professional development sponsor is not barred from sponsoring the person under paragraph 140M (1) (c) of the Act; and
(ii) must be lodged by the professional development sponsor.
Note Under paragraph 140M (1) (c) of the Act, a professional development sponsor may be barred for a specified period from sponsoring more people under the terms of 1 or more specified, or all, existing approvals for visas.
[48] Schedule 1, after paragraph 1227A (3) (c)
(ca) Applicant seeking to satisfy the primary criteria for the grant of a Subclass 488 (Superyacht Crew) visa must:
(i) specify, in the application, the person who proposes to be the superyacht crew sponsor in relation to the applicant; and
(ii) provide evidence that the person is a superyacht crew sponsor, or is a person who has applied for approval as a superyacht crew sponsor but whose application has not yet been decided.
[49] Schedule 2, clause 411.211
411.211 If the applicant is in the migration zone at the time of application:
[50] Schedule 2, clauses 411.221 to 411.224
411.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was an exchange sponsor at the time the nomination was approved; and
(d) the applicant seeks to enter or remain in Australia to work for the exchange sponsor in the nominated occupation, program or activity in relation to which the applicant is identified; and
(e) the exchange agreement between the exchange sponsor and a reciprocating foreign organisation is still in place; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
411.222A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the work for which the applicant was identified in the nomination.
411.222B The Minister is satisfied that the applicant has:
411.224 If the application is made in the migration zone, the applicant has substantially complied with the conditions that apply or applied to:
(a) the last substantive visa (if any) held by the applicant; and
(b) any subsequent bridging visa held by the applicant.
[51] Schedule 2, paragraph 411.226 (b)
omit
[52] Schedule 2, after paragraph 411.226 (b)
[53] Schedule 2, after clause 411.226
411.226A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[54] Schedule 2, clause 411.227
omit
[55] Schedule 2, clause 411.322
411.322 The Minister is satisfied that the applicant:
(a) has adequate means to support himself or herself; or
(b) has access to adequate means to support himself or herself;
411.322A The Minister is satisfied that the exchange sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the exchange sponsor in relation to the applicant.
411.322B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[56] Schedule 2, after clause 411.611
411.611A If the applicant meets the primary or secondary criteria, condition 8501.
[57] Schedule 2, clause 411.612
omit
[58] Schedule 2, Division 415.1
415.1 Interpretation
Note foreign government agency is defined in regulation 2.57.
[59] Schedule 2, clause 415.211
415.211 If the applicant is in the migration zone at the time of application:
[60] Schedule 2, clause 415.221
omit
[61] Schedule 2, paragraph 415.222 (b)
omit
[62] Schedule 2, clauses 415.223 and 415.224
415.223 The Minister is satisfied that:
(a) a foreign government agency sponsor has agreed in writing to be the foreign government agency sponsor in relation to the applicant; and
(b) the foreign government agency sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and
(i) there is no adverse information known to Immigration about the foreign government agency sponsor mentioned in paragraph (a) or a person associated with that foreign government agency sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the foreign government agency sponsor mentioned in paragraph (a) or a person associated with that foreign government agency sponsor.
415.223A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the work mentioned in clause 415.222.
415.223B The Minister is satisfied that the applicant has:
415.223C The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[63] Schedule 2, clause 415.229
omit
[64] Schedule 2, clause 415.231
omit
[65] Schedule 2, clauses 415.322 and 415.323
415.322 The Minister is satisfied that the foreign government agency sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the foreign government agency sponsor in relation to the applicant.
415.323 The Minister is satisfied that the applicant has:
415.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[66] Schedule 2, after clause 415.611
415.611A If the applicant meets the primary or secondary criteria, condition 8501.
[67] Schedule 2, clause 415.612
omit
[68] Schedule 2, clauses 416.221 and 416.222
416.222 The Minister is satisfied that:
(a) the applicant seeks to enter or remain in Australia to participate in an approved special program conducted by the special program sponsor in relation to the applicant; or
(d) the applicant has been invited to undertake seasonal work in Australia:
(i) by an organisation approved by the Secretary for the purposes of this subparagraph; and
(ii) in accordance with a program for undertaking seasonal work approved by the Secretary for the purposes of this subparagraph.
416.222A If the applicant is an applicant to whom paragraph 416.222 (a) applies, the Minister is satisfied that:
(a) a special program sponsor has agreed in writing to be the special program sponsor in relation to the applicant; and
(b) the special program sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and
(i) there is no adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the special program sponsor mentioned in paragraph (a) or a person associated with that special program sponsor.
416.222B The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity mentioned in clause 416.222.
416.222C The Minister is satisfied that the applicant has:
[69] Schedule 2, paragraph 416.223 (b)
omit
[70] Schedule 2, after paragraph 416.223 (b)
(c) if the applicant has not turned 18 — satisfies public interest criteria 4017 and 4018.
[71] Schedule 2, after clause 416.223
416.223A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[72] Schedule 2, clause 416.227
omit
[73] Schedule 2, after clause 416.311
416.311A If paragraph 416.222 (a) applies to the member of the family unit who satisfies the primary criteria, the Minister is satisfied that the special program sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the special program sponsor in relation to the applicant.
[74] Schedule 2, clause 416.322
416.322 The Minister is satisfied that the applicant has:
[75] Schedule 2, paragraph 416.323 (c)
omit
[76] Schedule 2, after paragraph 416.323 (c)
(d) in the case of an applicant who has not turned 18 — satisfies public interest criteria 4017 and 4018.
[77] Schedule 2, after clause 416.324A
416.324B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[78] Schedule 2, clause 416.611
416.611B If the applicant satisfies the primary or secondary criteria, condition 8501 must be imposed.
[79] Schedule 2, clause 416.611A
omit
[80] Schedule 2, clause 416.612
omit
[81] Schedule 2, clause 419.211
419.211 If the applicant is in the migration zone at the time of application:
[82] Schedule 2, clauses 419.221 to 419.224
419.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a visiting academic sponsor at the time the nomination was approved; and
(d) the applicant:
(i) seeks to enter or remain in Australia to observe or participate in an Australian research project at the sponsoring Australian tertiary or research institution; and
(ii) will not be receiving a salary, scholarship or allowance (other than an allowance for living expenses in Australia and travel costs) from the visiting academic sponsor; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
419.224A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
419.224B The Minister is satisfied that the applicant has:
[83] Schedule 2, paragraph 419.225 (b)
omit
[84] Schedule 2, after paragraph 419.225 (b)
[85] Schedule 2, after clause 419.225
419.225A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[86] Schedule 2, clause 419.229
omit
[87] Schedule 2, after clause 419.321
419.321A The Minister is satisfied that the visiting academic sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the visiting academic sponsor in relation to the applicant.
[88] Schedule 2, clause 419.322
419.322 The Minister is satisfied that the applicant has:
419.322A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[89] Schedule 2, after clause 419.611
419.611A If the applicant meets the primary or secondary criteria, condition 8501.
[90] Schedule 2, clause 419.612
omit
[91] Schedule 2, Division 420.1
420.1 Interpretation
Note Arts Minister is defined in regulation 1.03.
[92] Schedule 2, clause 420.211
420.211 If the applicant is in the migration zone at the time of application:
[93] Schedule 2, clauses 420.221 to 420.225
420.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and
(d) the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
420.225A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
420.225B The Minister is satisfied that the applicant has:
[94] Schedule 2, paragraph 420.226 (b)
omit
[95] Schedule 2, after paragraph 420.226 (b)
[96] Schedule 2, after clause 420.226
420.226A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[97] Schedule 2, clause 420.230
omit
[98] Schedule 2, clauses 420.322 and 420.323
420.322 The Minister is satisfied that the entertainment sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant.
420.323 The Minister is satisfied that the applicant has:
420.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[99] Schedule 2, after clause 420.611
420.611A If the applicant meets the primary or secondary criteria, condition 8501.
[100] Schedule 2, clause 420.612
omit
[101] Schedule 2, clause 421.211
421.211 If the applicant is in the migration zone at the time of application:
[102] Schedule 2, clauses 421.221 to 421.224A
421.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a sport sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (3) at the time the nomination was approved; and
(d) the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and
(e) if the nominated activity for which the applicant was identified in the nomination required a formal arrangement to be in place between the sport sponsor and the applicant — the agreement is still in place; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
421.224B The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
421.224C The Minister is satisfied that the applicant has:
[103] Schedule 2, paragraph 421.225 (b)
omit
[104] Schedule 2, after paragraph 421.225 (b)
[105] Schedule 2, after clause 421.225
421.225A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[106] Schedule 2, clauses 421.229 and 421.230
omit
[107] Schedule 2, clauses 421.322 and 421.323
421.322 The Minister is satisfied that the sport sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the sport sponsor in relation to the applicant.
421.323 The Minister is satisfied that the applicant has:
421.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[108] Schedule 2, after clause 421.611
421.611A If the applicant satisfies the primary or secondary criteria, condition 8501.
[109] Schedule 2, clause 421.612
omit
[110] Schedule 2, after clause 422.611
422.611A If the applicant meets the primary or secondary criteria, condition 8501.
[111] Schedule 2, clause 422.612
omit
[112] Schedule 2, clause 423.211
423.211 If the applicant is in the migration zone at the time of application:
[113] Schedule 2, clauses 423.221 to 423.224
423.223 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and
(d) the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
423.224A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
423.224B The Minister is satisfied that the applicant has:
[114] Schedule 2, paragraph 423.225 (b)
omit
[115] Schedule 2, after paragraph 423.225 (b)
[116] Schedule 2, after clause 423.225
423.225A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[117] Schedule 2, clauses 423.229 and 423.230
omit
[118] Schedule 2, clauses 423.322 and 423.323
423.322 The Minister is satisfied that the entertainment sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant.
423.323 The Minister is satisfied that the applicant has:
423.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[119] Schedule 2, after clause 423.611
423.611A If the applicant meets the primary or secondary criteria, condition 8501.
[120] Schedule 2, clause 423.612
omit
[121] Schedule 2, clause 427.211
427.211 If the applicant is in the migration zone at the time of application:
[122] Schedule 2, clauses 427.221 to 427.225
427.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a domestic worker sponsor at the time the nomination was approved; and
(d) the applicant seeks to enter or remain in Australia to undertake full-time domestic duties in the private household of the domestic worker sponsor; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
427.225A The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to undertake the duties for which the applicant was identified in the nomination.
427.225B The Minister is satisfied that the applicant has:
[123] Schedule 2, clause 427.226
omit
[124] Schedule 2, after clause 427.228
427.228A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[125] Schedule 2, clause 427.231
omit
[126] Schedule 2, clause 427.233
omit
[127] Schedule 2, clauses 427.322 and 427.323
427.322 The Minister is satisfied that the domestic worker sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the domestic worker sponsor in relation to the applicant.
427.323 The Minister is satisfied that the applicant has:
427.323A The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[128] Schedule 2, after clause 427.611
427.611A If the applicant meets the primary or secondary criteria, condition 8501.
[129] Schedule 2, clause 427.612
omit
[130] Schedule 2, clause 428.211
428.211 If the applicant is in the migration zone at the time of application:
[131] Schedule 2, clauses 428.221 to 428.223
428.222 The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and
(b) the nomination was made by a person who was a religious worker sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (4) at the time the nomination was approved; and
(d) the applicant seeks to enter or remain in Australia to be engaged on a full-time basis to participate in work or an activity:
(i) that is predominately non-profit in nature; and
(ii) that directly serves the religious objectives of the religious institution that is the religious worker sponsor; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
428.222B The Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.
[132] Schedule 2, paragraph 428.225 (b)
omit
[133] Schedule 2, after paragraph 428.225 (b)
[134] Schedule 2, after clause 428.225
428.225A The Minister is satisfied that the applicant has:
428.225B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[135] Schedule 2, clause 428.322
428.322 The Minister is satisfied that the religious worker sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the religious worker sponsor in relation to the applicant.
428.322A The Minister is satisfied that the applicant has:
428.322B The applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.
[136] Schedule 2, after clause 428.611
428.611A If the applicant meets the primary or secondary criteria, condition 8501.
[137] Schedule 2, clause 428.612
omit
[138] Schedule 2, clauses 442.221 to 442.223
442.222 (1) The Minister is satisfied that:
(a) the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act, unless the occupational training is to be provided to the applicant by the Commonwealth; and
(b) if the occupational training is to be provided to the applicant by the Commonwealth — the occupational trainee sponsor has agreed in writing to be the occupational trainee sponsor in relation to the applicant; and
(c) the nomination mentioned in paragraph (a) was made by a person who was an occupational trainee sponsor at the time the nomination was approved; and
(d) the approval of the nomination mentioned in paragraph (a) has not ceased under regulation 2.75A; and
(e) the applicant seeks to enter or remain in Australia to undertake the occupational training; and
(i) there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.
(2) For subclause (1), occupational training to be provided by the Commonwealth includes occupational training to be provided by:
(a) a body corporate incorporated for a public purpose under an Act or regulations made under an Act; or
(b) an authority or body (other than a body corporate) established for a public purpose under an Act or regulations made under an Act.
442.223 The Minister is satisfied that occupational opportunities available to Australian citizens or permanent residents of Australia will not be adversely affected if the visa is granted.
[139] Schedule 2, clause 442.230
omit
[140] Schedule 2, clause 442.322
442.322 The Minister is satisfied that the applicant has:
442.321A The Minister is satisfied that the occupational trainee sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the occupational trainee sponsor in relation to the applicant.
[141] Schedule 2, clause 470.111
omit
employed,
[142] Schedule 2, clause 470.111
omit
1.20M
2.57
[143] Schedule 2, clause 470.111, note
Note professional development sponsor is defined in regulation 1.03.
[144] Schedule 2, clause 470.112
omit
[145] Schedule 2, clause 470.112
omit
[146] Schedule 2, clause 470.222
470.222 The applicant nominated a professional development sponsor as the applicant’s sponsor in the application for the visa.
470.222A The professional development sponsor nominated by the applicant:
(a) has not ceased to be an approved sponsor; and
(b) has not withdrawn the agreement, in writing, to be a professional development sponsor in relation to the applicant; and
(c) is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act.
Note approved sponsor is defined in subsection 5 (1) of the Act.
[147] Schedule 2, clause 470.223
before
sponsor
professional development
[148] Schedule 2, clause 470.225
omit
[149] Schedule 2, clause 470.226
470.226 The applicant:
(a) has an overseas employer; and
(b) is in a managerial or professional position in relation to the overseas employer.
[150] Schedule 2, clause 470.227
omit
[151] Schedule 2, clause 470.228
omit
[152] Schedule 2, clause 470.229
omit
[153] Schedule 2, clause 470.232
omit
[154] Schedule 2, clause 470.234
omit
[155] Schedule 2, clause 488.222
488.222 The Minister is satisfied that:
(a) a superyacht crew sponsor has agreed to be the superyacht crew sponsor in relation to the applicant; and
(b) the superyacht crew sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and
(i) there is no adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor.
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and
(i) the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and
[160] Schedule 8, condition 8107
8107 (1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:
(a) cease to be employed by the employer in relation to which the visa was granted; or
(b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or
(c) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.
(2) If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:
(a) cease to undertake the activity in relation to which the visa was granted; or
(b) engage in an activity inconsistent with the activity in relation to which the visa was granted; or
(c) engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.
(3) If the visa is a Subclass 457 (Business (Long Stay)) visa:
(a) the holder must work only:
(i) in the occupation listed in the most recently approved nomination for the holder; and
(ii) for:
(A) the standard business sponsor, former standard business sponsor, party to a labour agreement or former party to a labour agreement (the sponsor) who nominated the holder in the most recently approved nomination; or
(B) an associated entity of the sponsor;
unless:
(iii) the holder’s occupation is specified in an instrument in writing for subparagraph 2.72 (10) (d) (ii) or (iii); or
(iv) the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice; and
(b) if the holder ceases employment — the period during which the holder ceases employment must not exceed 28 consecutive days.
(4) If:
(a) the visa is:
(ii) a Subclass 419 (Visiting Academic) visa; or
(iii) a Subclass 420 (Entertainment) visa; or
(iv) a Subclass 421 (Sport) visa; or
(v) a Subclass 423 (Media and Film Staff) visa; or
(vi) a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or
(vii) a Subclass 428 (Religious Worker) visa; or
(viii) a Subclass 442 (Occupational Trainee) visa; and
(b) in the case of a holder of a Subclass 442 (Occupational Trainee) visa — the occupational training is not provided to the holder by the Commonwealth;
the holder must not:
(c) cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or
(d) engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or
(e) engage in work or an activity for an employer (within the meaning of subregulation 2.72A (8)) other than the employer identified in accordance with paragraph 2.72A (7) (a) in the most recent nomination in which the holder is identified.
[161] Schedule 10, after Form 3
Form 4 Identity card
(regulation 2.102B)
Image unavailable in extracted text
COMMONWEALTH OF AUSTRALIA
Migration Act 1958
INSPECTOR’S IDENTITY CARD
For subsection 140W (1) of the Migration Act 1958, I, [name], Minister for Immigration and Citizenship [or a delegate of the Minister for Immigration and Citizenship], certify that [name] whose photograph and signature appear on this card is an inspector for the purposes of the Act.Dated [date][signature of Minister or delegate]