(iii) a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959; or
(iv) if the copy is certified in a place outside Australia:
(A) a person who is the equivalent of a Justice of the Peace or a Commissioner for Declarations in that place; or
(B) a Notary Public.
(3) The document must contain, or be accompanied by, the following written information:
(a) the full name of the person who is the subject of the decision to which the information or material contained in the document relates;
(b) the date of birth of that person;
(c) one of the following:
(i) the applicant’s client number;
(ii) the Immigration file number;
(iii) the number of the receipt issued by Immigration when the visa application was made;
(d) if the visa application was made outside Australia—the name of the Australian mission or Immigration office at which the visa application was given to the Minister.
(4) If the document is submitted in a language other than English, it must be accompanied by an accurate English translation.
Division 2.10—Documents relating to cancellation of visas
2.53A Purpose of Division 2.10
This Division is made for the purposes of the following provisions of the Act:
(a) subsection 107(1C);
(b) subsection 109(4);
(c) subsection 119(2);
(d) subsection 120(3);
(e) subsection 127(2A);
(f) subsection 129(2);
(g) subsection 132(2);
(h) subsection 133E(2);
(i) paragraph 133F(3)(a);
(j) paragraph 134E(3)(b);
(k) subsection 134(7A);
(l) subsection 135(6);
(m) subsection 137R(4);
(n) subsection 137S(1A);
(o) subsection 500A(10A);
(p) subsection 501C(3A);
(q) subsection 501CA(3A);
(r) subsection 501G(3);
(s) paragraph 504(1)(e).
2.54 Definitions for Division 2.10
In this Division:
carer of the minor means an individual:
(a) who is at least 18 years of age; and
(b) who the Minister reasonably believes:
(i) has day‑to‑day care and responsibility for the minor; or
(ii) works in or for an organisation that has day‑to‑day care and responsibility for the minor and whose duties, whether alone or jointly with another person, involve care and responsibility for the minor.
designated document means:
(a) a document required by subsection 133E(1) of the Act to be given in relation to a decision to cancel a visa under subsection 133A(1) or 133C(1) of the Act; or
(b) a document required by subsection 501G(1) of the Act to be given in relation to a decision to:
(i) cancel a visa under section 501, 501A, 501B, 501BA or 501F of the Act; or
(ii) not revoke a decision to cancel a visa under section 501CA of the Act.
document includes:
(a) a letter; and
(b) an invitation, notice, notification, statement or summons, if it is in writing.
2.55 Giving of documents relating to proposed cancellation, cancellation or revocation of cancellation
When this regulation applies
(1) This regulation applies in relation to the following documents:
(a) a document relating to the proposed cancellation of a visa under the Act;
(b) a document relating to the cancellation of a visa under the Act;
(c) a document relating to the revocation of the cancellation of a visa under the Act;
(d) a document relating to a decision not to revoke the cancellation of a visa under the Act.
(2) However, this regulation does not apply in relation to:
(a) a notice to which section 137J of the Act relates; or
(b) a person who is in immigration detention.
Note: See regulation 5.02.
How to give documents other than designated documents
(3) Subject to subregulation (3A), for a document other than a designated document, the Minister must give the document in one of the following ways:
(a) by handing it to the person personally;
(b) by handing it to another person who:
(i) is at the person’s last residential or business address known to the Minister; and
(ii) appears to live there (in the case of a residential address) or work there (in the case of a business address); and
(iii) appears to be at least 16 years of age;
(c) by dating it, and then dispatching it:
(i) within 3 working days (in the place of dispatch) of the date of the document; and
(ii) by prepaid post or by other prepaid means;
to the person’s last residential address, business address or post box address known to the Minister;
(d) by transmitting the document by:
(i) fax; or
(ii) email; or
(iii) other electronic means;
to the last fax number, email address or other electronic address known to the Minister.
(3A) If the person is a minor, the Minister must give a document (other than a designated document) in 1 of the following ways:
(a) by handing it to the minor personally;
(b) by handing it to another person who:
(i) is at the last residential or business address for the minor that is known to the Minister; and
(ii) appears to live there (in the case of a residential address) or work there (in the case of a business address); and
(iii) appears to be at least 16 years of age;
(c) by dating and then dispatching the document:
(i) within 3 working days (in the place of dispatch) of the date of the document; and
(ii) by prepaid post or by other prepaid means;
to the minor’s last residential address, business address or post box address known to the Minister;
(d) by transmitting the document by:
(i) fax; or
(ii) email; or
(iii) other electronic means;
to the minor’s last fax number, email address or other electronic address known to the Minister;
(e) by dating and then dispatching the document:
(i) within 3 working days (in the place of dispatch) of the date of the document; and
(ii) by prepaid post or by other prepaid means;
to a carer of the minor at the last residential address, business address or post box address for the carer of the minor that is known to the Minister;
(f) by transmitting the document by:
(i) fax; or
(ii) email; or
(iii) other electronic means;
to a carer of the minor at the last fax number, email address or other electronic address for the carer of the minor that is known to the Minister.
How to give designated documents
(4) Subject to subregulation (4A), for a designated document:
(a) if the person has held the visa for less than 1 year when the document is to be given, the Minister must give the document in one of the ways mentioned in subregulation (3); and
(b) if the person has held the visa for at least 1 year when the document is to be given:
(i) Immigration must try to find the person; and
(ii) the Minister must give the document in one of the ways mentioned in subregulation (3).
(4A) If the person is a minor:
(a) the Minister must give a designated document in 1 of the ways mentioned in subregulation (3A); and
(b) if the minor has held the visa for at least 1 year when the document is to be given, Immigration must try to find the minor.
Document given to carer is taken to be given to minor
(4B) If the Minister gives a document to a carer of the minor in accordance with this regulation, the Minister is taken to have given the document to the minor.
(4C) Nothing in subregulation (4B) prevents the Minister giving the minor a copy of the document.
When document is taken to be received
(5) If the Minister gives a document to a person by handing it to the person, the person is taken to have received the document when it is handed to the person.
(6) If the Minister gives a document to a person by handing it to another person at a residential or business address, the person is taken to have received the document when it is handed to the other person.
(7) If the Minister gives a document to a person by dispatching it by prepaid post or by other prepaid means, the person is taken to have received the document:
(a) if the document was dispatched from a place in Australia to an address in Australia—7 working days (in the place of that address) after the date of the document; or
(b) in any other case—21 days after the date of the document.
(8) If the Minister gives a document to a person by transmitting it by fax, email or other electronic means, the person is taken to have received the document at the end of the day on which the document is transmitted.
(9) If:
(a) the Minister purports to give a document to a person by a method specified in this regulation but makes an error in doing so; and
(b) the person nonetheless receives the document or a copy of the document;
the Minister is taken to have given the document to the person and the person is taken to have received the document:
(c) at the time specified by this regulation for that method; or
(d) if the person can show that he or she received the document at a later time—at that later time.
Part 2A—Sponsorship applicable to Division 3A of Part 2 of the Act
Division 2.11—Introductory
2.56 Application
For section 140A of the Act, Division 3A of Part 2 of the Act applies to the following kinds of visa:
(a) the Subclass 401 (Temporary Work (Long Stay Activity)) visa;
(aa) the Subclass 402 (Training and Research) visa;
(b) the Subclass 403 (Temporary Work (International Relations)) visa in the Seasonal Worker Program stream;
(baa) the Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Labour Scheme stream;
(bac) the Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream;
(ba) the Subclass 407 (Training) visa;
(bb) the Subclass 408 (Temporary Activity) visa;
(c) the Subclass 416 (Special Program) visa;
(e) the Subclass 420 (Entertainment) visa;
(k) the Subclass 457 (Temporary Work (Skilled)) visa;
(l) the Subclass 482 (Skills in Demand) visa;
(m) the Subclass 488 (Superyacht Crew) visa;
(ma) the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
(n) the Subclass 870 (Sponsored Parent (Temporary)) visa.
2.57 Interpretation
(1) In this Part:
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.
competent authority means a Department or regulatory authority that administers or enforces a law that is alleged to have been contravened.
discriminatory recruitment practice means a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.
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:
(i) that is conducted under the official auspices of an international organisation recognised by Australia; and
(ii) that is operating in Australia.
government agency means an agency of the Commonwealth or of a State or Territory.
ineligible sponsor has the meaning given by subregulation 2.60U(2).
meets the conduct requirements has the meaning given by regulation 2.60X.
meets the general sponsor requirements has the meaning given by regulation 2.60V.
meets the outstanding debt requirements has the meaning given by regulation 2.60Y.
meets the partner requirements has the meaning given by regulation 2.60Z.
overseas employer, in relation to a person who applies, or proposes to apply, for a Training and Research (Class GC) visa, means:
(a) a body corporate, or an unincorporated association (other than an individual or sole trader), that conducts activities under the auspices of the government of a foreign country or a province, territory or state of a foreign country; and
(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; 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.
passes the income test has the meaning given by regulation 2.60W.
permitted sponsored person: a person (the first person) is a permitted sponsored person in relation to another person (the second person) if:
(a) the first person is a parent of the second person; or
(b) both of the following apply:
(i) the first person is a parent of the spouse or de facto partner of the second person;
(ii) the spouse or de facto partner is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(c) all of the following apply:
(i) the first person is a parent of a deceased spouse or de facto partner (the deceased partner) of the second person or a spouse or de facto partner of such a parent;
(ii) immediately before the death of the deceased partner, the deceased partner was the parent sponsor of the first person;
(iii) no more than 90 days after the death of the deceased partner, the second person makes an application, in accordance with the process referred to in regulation 2.61A, for approval as a family sponsor of the first person;
(iv) the first person holds a Subclass 870 (Sponsored Parent (Temporary)) visa.
previously sponsored parent: a person (the parent) is a previously sponsored parent in relation to another person (the sponsoring child) if the sponsoring child, or a spouse or de facto partner of the sponsoring child, was previously the parent sponsor of the parent.
primary sponsored person:
(a) in relation to a person who is or was approved as a work sponsor in a class of sponsor (the approved sponsor) under subsection 140E(1) of the Act—means:
(i) a person:
(A) who holds a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); 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
(ii) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); 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:
(i) a person:
(A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) 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
(ii) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) 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 a written agreement between:
(a) a person applying for approval as a professional development sponsor; and
(b) an overseas employer of the person who is intended to be a primary sponsored person.
professional development program means a program that meets the requirements mentioned in subregulation 2.60(2).
secondary sponsored person:
(a) in relation to a person who is or was approved as a work sponsor in a class of sponsor (the approved sponsor) under subsection 140E(1) of the Act—means:
(i) a person:
(A) who holds a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) 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 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
(ii) a person:
(A) who holds a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(B) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; and