(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:
(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 is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; 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:
(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 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:
(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 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
(ii) 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 is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; 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:
(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 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 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:
(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 is taken, under section 78 of the Act, to have been granted the visa at the time of the person’s birth; 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.
sponsorship start day for a person means the day on which the person is approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.
sporting organisation means:
(a) an Australian organisation that administers or promotes sport or sporting events; or
(b) a government agency that administers or promotes sport or sporting events; or
(c) a foreign government agency that administers or promotes sport or sporting events.
Note: Approved sponsor is defined in subsection 5(1) of the Act.
(3A) In this Part (other than paragraph 2.72(18)(a) or 2.72C(17)(a) or subparagraph 2.79(3)(b)(iii) or 2.79A(3)(a)(iii)), 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.
(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) 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 291‑175 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
(1) For the purposes of subsection 140E(2) of the Act, the following are classes of sponsor in relation to which a person may be approved as a work sponsor:
(a) a standard business sponsor;
(b) a temporary activities sponsor.
Note: A person (other than a Minister) who is a party to a work agreement is an approved work sponsor and does not need to be approved as a work sponsor under subsection 140E(1) of the Act (see paragraph (b) of the definition of approved work sponsor in subsection 5(1) of the Act).
(2) For the purposes of subsection 140E(2) of the Act, a parent sponsor is a class of sponsor in relation to which a person may be approved as a family sponsor.
Division 2.13—Criteria for approval of work sponsor
Note: A person (other than a Minister) who is a party to a work agreement is an approved work sponsor and does not need to be approved as a work sponsor under subsection 140E(1) of the Act (see paragraph (b) of the definition of approved work sponsor in subsection 5(1) of the Act).
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
(c) the applicant is lawfully operating a business (whether in or outside Australia); and
(f) if the applicant is lawfully operating a business in Australia:
(i) the applicant has attested, in writing, that the applicant has a strong record of, or a demonstrated commitment to, employing local labour; and
(ii) the applicant has declared, in writing, that the applicant will not engage in discriminatory recruitment 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 a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa, or an applicant or a proposed applicant (the visa applicant) for a Subclass 482 (Skills in Demand) 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.
2.60 Criterion for approval as a temporary activities sponsor
For the purposes of subsection 140E(1) of the Act, the criterion that must be satisfied for the Minister to approve a person (the applicant) as a temporary activities sponsor is that the Minister is satisfied that:
(a) the applicant has applied for approval as a temporary activities sponsor in accordance with the process referred to in regulation 2.61; and
(b) the applicant is not already a temporary activities sponsor; and
(c) the applicant is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; or
(iii) a foreign government agency; or
(iv) a sporting organisation that is lawfully operating in Australia; or
(v) a religious institution that is lawfully operating in Australia; or
(vi) a person who is the captain or owner of a superyacht, or an organisation that operates a superyacht; or
(vii) a foreign organisation that is lawfully operating in Australia; and
(d) 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
(e) the applicant has the capacity to comply with the sponsorship obligations applicable to a person who is or was a temporary activities sponsor.
2.60S Additional criteria for all classes of work sponsor—transfer, recovery and payment of costs
(1) For subsection 140E(1) of the Act, the criteria in this regulation are in addition to the criteria in regulations 2.59 and 2.60.
(2) The criteria that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a work sponsor mentioned in any of regulations 2.59 and 2.60 include a criterion that the Minister is satisfied that:
(a) the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, associated with the applicant becoming an approved work sponsor; and
(b) the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, associated with the applicant becoming an approved work sponsor; and
(ba) the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); and
(bb) the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); and
(c) the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and
(d) the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and
(e) if the applicant has agreed to be the work sponsor of an applicant for, a proposed applicant for, or a holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and
(f) if the applicant has agreed to be the work sponsor of an applicant for, a proposed applicant for, or a holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.
(3) The criteria that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a work sponsor mentioned in any of regulations 2.59 and 2.60 include a criterion that the Minister is satisfied that:
(a) the applicant has not recovered from another person some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or
(ii) that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and
(b) the applicant has not sought to recover from another person some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or
(ii) that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and
(c) if the applicant has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
the applicant has not recovered from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and