(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; and
(d) if a special program is agreed by the sponsor and the Secretary subsequent to the approval—the special program that will operate for the duration of the approval, as varied from time to time by agreement between the special program sponsor and the Secretary; and
(e) if a special program agreement is agreed by the sponsor and the Secretary subsequent to the approval—the agreement that will operate within the duration of the approval, as varied from time to time by agreement between the special program sponsor and the Secretary.
2.64B Parent sponsor
(1) For the purposes of subsection 140G(2) of the Act, an approval of a person as a parent sponsor has effect only in relation to a permitted sponsored person specified in the approval.
(2) For the purposes of subsection 140G(3) of the Act, an approval of a person as the parent sponsor of a permitted sponsored person specified in the approval ceases to have effect if:
(a) any permanent visa held by the parent sponsor is cancelled; or
(b) the parent sponsor dies; or
(c) Immigration receives notification, in writing, of the withdrawal by the parent sponsor of his or her sponsorship of the specified person; or
(d) the specified permitted sponsored person fails to apply for a Subclass 870 (Sponsored Parent (Temporary)) visa before the end of the period of 6 months starting on:
(i) if a term of the approval of the parent sponsor has been varied so that the approval also has effect in relation to that person—the day the variation is made; or
(ii) otherwise—the sponsorship start day for the parent sponsor; or
(e) the Subclass 870 (Sponsored Parent (Temporary)) visa held by the specified permitted sponsored person ceases to have effect.
(3) To avoid doubt, if:
(a) the approval as a parent sponsor has effect in relation to 2 permitted sponsored persons specified in the approval; and
(b) an event mentioned in paragraph (2)(c), (d) or (e) happens in relation to only one of those persons;
the approval continues to have effect in relation to the other person.
(4) Subregulations (2) and (3) do not limit Division 2.20 of this Part (which is about circumstances in which an approved sponsor may be barred or an approved sponsor’s approval may be cancelled).
Division 2.16—Variation of terms of approval of sponsorship
2.65 Application of this Division
This Division applies in relation to an approval as:
(a) a temporary activities sponsor; or
(b) a parent sponsor.
2.66 Process to apply for variation of terms of approval
(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 activities sponsor or a parent sponsor in accordance with the process set out in this regulation.
(2) The application must be made using the internet.
(3) The application must be made using the form specified by the Minister in an instrument in writing for this subregulation.
(4) The application must be accompanied by the fee specified by the Minister in an instrument in writing for this subregulation.
(5) For subregulations (2) to (4):
(a) if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for a variation of a term of an approval as a temporary activities sponsor or a parent sponsor, in circumstances specified in the instrument, the application may be made in that way; and
(b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and
(c) if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee.
Note: Subregulation (2) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (2) to (4) if special circumstances exist.
2.67 Terms of approval that may be varied
(1) For paragraph 140GA(2)(a) of the Act, a term of approval as a temporary activities sponsor that may be varied is the duration of the approval.
(2) For the purposes of paragraph 140GA(2)(a) of the Act, the term set out in subregulation 2.64B(1) is a term of an approval as a parent sponsor that may be varied.
2.68A Criteria for variation of terms of approval—temporary activities sponsor
For the purposes of paragraph 140GA(2)(b) of the Act, the criteria that must be satisfied for the Minister to vary a term of a person’s approval as a temporary activities sponsor are that the Minister is satisfied that:
(a) the person satisfies the criterion for approval as a temporary activities sponsor set out in regulation 2.60; and
(b) the person has applied for the variation in accordance with the process referred to in regulation 2.66.
Note: The criteria in regulation 2.68J, relating to transfer, recovery and payment of costs, must also be satisfied.
2.68J Additional criteria for variation of terms of approval—transfer, recovery and payment of costs
(1) For paragraph 140GA(2)(b) of the Act, the criteria in this regulation are in addition to the criteria in regulation 2.68A.
(2) The criteria that must be satisfied for the Minister to vary a term of an approval of a person (the applicant) as a work sponsor mentioned in regulation 2.68A 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 2.73A(3) 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 2.73A(3) 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 vary a term of an approval of a person (the applicant) as a work sponsor mentioned in regulation 2.68A 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 2.73A(3) 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 2.73A(3) 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
(d) 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 sought to recover 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.
(4) However, the Minister may disregard a criterion referred to in subregulation (2) or (3) if the Minister considers it reasonable to do so.
2.68K Criteria for variation of terms of approval—parent sponsor
(1) This regulation is made for the purposes of paragraph 140GA(2)(b) of the Act.
(2) If a parent sponsor applies for a variation of the term of the parent sponsor’s approval that is referred to in subregulation 2.64B(1), the Minister must vary the term if the Minister is satisfied that:
(a) the parent sponsor has applied for the variation in accordance with the process referred to in regulation 2.66; and
(b) the approval of the parent sponsor has effect in relation to only one specified person (the currently sponsored parent); and
(c) the effect of the variation will be that the approval will have effect in relation to a second specified person (the additional parent) who is a permitted sponsored person in relation to the parent sponsor; and
(d) one or more of the following applies in relation to each previously sponsored parent (if any) in relation to the parent sponsor:
(i) the parent is the additional parent;
(ii) the parent holds a permanent visa;
(iii) the parent held a Subclass 870 (Sponsored Parent (Temporary)) visa that has ceased to be in effect and has left Australia; and
(e) either:
(i) none of the persons specified in subregulation (3) have an outstanding public health debt; or
(ii) if any one or more of those persons have an outstanding public health debt, each such debt has been paid in full or appropriate arrangements have been made for its payment; and
(f) the parent sponsor has agreed that information about the parent sponsor provided in relation to the application may be disclosed to the additional parent; and
(g) either:
(i) there is no adverse information known to Immigration about the parent sponsor or a person associated with the parent sponsor; or
(ii) it is reasonable to disregard any such information; and
(h) either:
(i) the parent sponsor has not failed to satisfy a sponsorship obligation under Subdivision 2.19.2 (which deals with sponsorship obligations of approved family sponsors etc.) relating to the parent sponsor’s sponsorship of the currently sponsored parent; or
(ii) it is reasonable to disregard any such failure.
(3) The following persons are specified for the purposes of paragraph (2)(e):
(a) the parent sponsor;
(b) if the parent sponsor has a spouse or de facto partner—the spouse or de facto partner;
(c) the currently sponsored parent;
(d) the additional parent;
(e) a previously sponsored parent (if any) in relation to the parent sponsor.
(4) If the Minister varies the term, the additional parent is taken to be specified in the approval for the purposes of the Act and these Regulations.
2.69 Notice of decision
(1) If the Minister makes a decision about varying a term of a person’s approval as a work sponsor or family sponsor under subsection 140GA(2) of the Act, the Minister must give written notice of the decision to the person:
(a) within a reasonable period after making the decision; and
(b) by attaching a written copy of the decision to vary or not to vary the term of the approval; and
(c) if the decision is not to vary the term of the approval—by attaching a statement of reasons for the decision.
(2) The Minister may provide the notification to the applicant in an electronic form.
Division 2.17—Nominations
2.70 Application
This Division applies in relation to the following:
(a) a person who is, or who has applied to be:
(i) a standard business sponsor; or
(ii) a temporary work sponsor (other than a special program sponsor or a superyacht crew sponsor); or
(iii) a temporary activities sponsor;
(b) a person who is:
(i) a party to a work agreement (other than a Minister); or
(ii) a party to negotiations for a work agreement (other than a Minister).
2.72 Criteria for approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Skills in Demand) visa
Application of this regulation
(1) This regulation applies in relation to a person who:
(a) is any of the following:
(i) a standard business sponsor;
(ii) a person who has applied to be a standard business sponsor;
(iii) a party to a work agreement (other than a Minister);
(iv) a party to negotiations for a work agreement (other than a Minister); and
(b) under paragraph 140GB(1)(b) of the Act, nominates a proposed occupation in relation to any of the following (the nominee):
(i) a holder of a Subclass 457 (Temporary Work (Skilled)) visa;
(ii) a holder of a Subclass 482 (Temporary Skill Shortage) visa;
(iia) a holder of a Subclass 482 (Skills in Demand) visa;
(iii) an applicant or a proposed applicant for a Subclass 482 (Skills in Demand) visa.
(2) For the purposes of paragraph 140GB(2)(b) of the Act, the criteria set out in this regulation are prescribed.
Note: In addition, subsection 140GB(2) of the Act requires the person to be an approved work sponsor and to have paid any nomination training contribution charge in relation to the nomination.
General
(3) The Minister is satisfied that the person made the nomination in accordance with the process set out in regulation 2.73.
(4) 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.
(5) The Minister is satisfied that:
(a) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream—the person is a standard business sponsor; or
(b) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream:
(i) the person is a party to a work agreement (other than a Minister); and
(ii) the work agreement 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 482 (Skills in Demand) visa.