(a) the person is a party to a work agreement or negotiations for a work agreement; and
(b) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream;
the period of stay must not exceed the period specified in the work agreement or proposed work agreement.
(12) The person must certify, in writing, as part of the nomination whether or not the person has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.
(13) Unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13), the person must certify as part of the nomination, in writing, that:
(a) the employment contract entered into with the nominee complies; or
(b) the employment contract to be entered into with the nominee will, when entered, comply;
with all applicable requirements imposed by Commonwealth, State or Territory law relating to employment including, if applicable, the National Employment Standards (within the meaning of the Fair Work Act 2009).
Additional requirements in relation to Core Skills stream
(14) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills, the person must certify as part of the nomination, in writing:
(a) that the tasks of the position include a significant majority of the tasks specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72(9) in force at the time the nomination is made; and
(b) that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72(9) in force at the time the nomination is made; and
(c) unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13), that the occupation is a position in:
(i) if the person is an overseas business sponsor or would be an overseas business sponsor if the person were approved as a standard business sponsor—the person’s business; or
(ii) in any other case—the person’s business or a business of an associated entity of the person.
Additional requirements in relation to Specialist Skills stream
(14A) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream, the person must certify as part of the nomination, in writing:
(a) that the tasks of the position include a significant majority of the tasks specified for the occupation in ANZSCO; and
(b) that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in ANZSCO; and
(c) unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13), that the occupation is a position in:
(i) if the person is an overseas business sponsor or would be an overseas business sponsor if the person were approved as a standard business sponsor—the person’s business; or
(ii) in any other case—the person’s business or a business of an associated entity of the person.
Additional requirements in relation to Labour Agreement stream
(15) If:
(a) the person is a party to a work agreement or negotiations for a work agreement; and
(aa) the work agreement or proposed 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; and
(b) the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream;
the person must certify as part of the nomination, in writing, that:
(c) the tasks of the position include a significant majority of the tasks specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation—the work agreement or proposed work agreement; and
(d) the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in the work agreement or proposed work agreement.
2.73AA Refund of nomination fee and nomination training contribution charge—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
(1) The Minister may refund the fee mentioned in subregulation 2.73(5) or (7), or any nomination training contribution charge mentioned in subregulation 2.73(5A), paid in relation to a nomination if:
(a) any of subregulations (2) to (3E) apply; and
(b) the Minister:
(i) receives a written request for a refund from the person who paid the amount; or
(ii) considers it is reasonable in the circumstances to refund the amount to the person who paid the amount without receiving a written request for a refund.
(2) This subregulation applies if the nomination is made because of a mistake by Immigration.
(3) This subregulation applies if:
(a) the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Labour Agreement stream or a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream; and
(b) the person is a party to a work agreement; and
(c) the person withdraws the nomination before a decision is made under section 140GB of the Act because:
(i) 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 in relation to Subclass 457 (Temporary Work (Skilled)) visas, Subclass 482 (Skills in Demand) visas and Subclass 482 (Temporary Skill Shortage) visas; or
(ii) the number of nominations in relation to Subclass 457 (Temporary Work (Skilled)) visas, Subclass 482 (Skills in Demand) visas and Subclass 482 (Temporary Skill Shortage) visas made by the person and approved by the Minister under section 140GB of the Act is equal to or greater than the number of approved nominations in relation to those types of visa permitted under the work agreement for the year.
(3A) This subregulation applies if:
(a) the person withdraws the nomination before a decision is made under section 140GB of the Act; and
(b) the reason for withdrawing the nomination is that the information in the nomination used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.
(3B) This subregulation applies if:
(a) the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Short‑term stream or Medium‑term stream or a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream; and
(b) at the time the person made the nomination, the person had applied to be approved as a standard business sponsor; and
(c) the person withdraws the nomination before a decision is made under section 140GB of the Act because:
(i) the person has withdrawn the application to be approved as a standard business sponsor; or
(ii) the Minister has refused to approve the person as a standard business sponsor.
(3C) This subregulation applies if:
(a) the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Labour Agreement stream or a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream; and
(b) the person withdraws the nomination before a work agreement is entered.
(3D) This subregulation applies if:
(a) an application for a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) visa made on the basis of the nomination is finally determined; and
(b) the grant of the visa is refused:
(i) under section 501, 501A or 501B of the Act; or
(ii) because the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4003B, 4007 or 4020.
(3E) This subregulation applies if:
(a) a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) visa is granted on the basis of the nomination; and
(b) the visa holder fails to commence employment in the position associated with the nominated occupation.
(3F) If:
(a) a nomination made in relation to a person (the nominee) is approved; and
(b) the period of stay proposed in the nomination is more than 1 year; and
(c) the nominee ceases to be employed by the person who made the nomination or an associated entity of the person within 1 year after commencing employment with the person or an associated entity of the person; and
(d) the Minister:
(i) receives a written request for a refund from the person; or
(ii) considers it is reasonable in the circumstances to give a refund without receiving a written request for a refund;
the Minister may refund any nomination training contribution charge mentioned in subregulation 2.73(5A) paid in relation to the nomination, less the amount of nomination training contribution charge that would have been payable in relation to the nomination if the period of stay proposed in the nomination were 1 year.
(4) A refund under subregulation (1) or (3F) must be paid to the person who paid the amount.
(5) A refund under subregulation (1) or (3F) may be paid:
(a) in Australian currency; or
(b) if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.
2.73A Process for nomination—Subclass 407 (Training) visa
(1) This regulation applies to a person who is nominating, under paragraph 140GB(1)(b) of the Act, a program of occupational training in relation to a holder of, or an applicant or proposed applicant for, a Subclass 407 (Training) visa.
(2) For the purposes of subsection 140GB(3) of the Act, the person may nominate the program in accordance with a process specified in a legislative instrument made by the Minister for the purposes of this subregulation.
(3) A legislative instrument made for the purposes of subregulation (2) may specify any of the following:
(a) a form for the nomination;
(b) a fee which must accompany the nomination;
(c) any other requirements in relation to the nomination.
2.73B Process for nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
Application of this regulation
(1) This regulation applies in relation to a person who is nominating a proposed occupation under paragraph 140GB(1)(b) of the Act in relation to a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee).
(2) For the purposes of subsection 140GB(3) of the Act, the person may nominate a proposed occupation in accordance with the process set out in this regulation.
General requirements for nominations
(3) The nomination must be made using the internet.
(4) The nomination must be made using the form specified by the Minister under paragraph (14)(a).
(5) The nomination must be accompanied by the fee specified by the Minister under paragraph (14)(b).
(6) The nomination must be accompanied by any nomination training contribution charge the person is liable to pay in relation to the nomination.
Alternative method of nominations
(7) The following paragraphs apply if the Minister specifies under paragraph (14)(c) a different way of making a nomination of an occupation in specified circumstances:
(a) the application may be made in that way in those circumstances (instead of using the internet);
(b) if the nomination is made in that way and the Minister specifies under that paragraph a form for that way of making the nomination, the nomination must be made using that form (instead of the form mentioned in subregulation (4));
(c) if the nomination is made in that way and the Minister specifies under that paragraph a different fee for making the nomination in that way, the nomination must be accompanied by that fee (instead of the fee mentioned in subregulation (5)).
Note: Subregulation (3) relates to making nominations on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (3) to (5) if special circumstances exist.
Information to be included in nominations
(8) The nomination must identify the nominee.
(9) The person must provide the following information as part of the nomination:
(a) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream—the name of the occupation and the corresponding 6‑digit code as they are specified in the instrument made under subregulation 2.72C(11) in force at the time the nomination is made;
(b) if:
(i) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
(ii) the person is a party to a work agreement or negotiations for a work agreement; and
(iii) the work agreement or proposed 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 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the name of the occupation and the corresponding 6‑digit code (if any) as they are specified in the work agreement or proposed work agreement;
(c) the location or locations at which the occupation is to be carried out;
(d) the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination;
(e) if the nominee holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the date of grant of the visa;
(f) any other information specified by the Minister under paragraph (14)(d).
(10) The person must certify as part of the nomination, in writing, whether or not the person has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.
(11) Unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), the person must certify as part of the nomination, in writing, that:
(a) the employment contract entered into with the nominee complies; or
(b) the employment contract to be entered into with the nominee will, when entered, comply;
with all applicable requirements imposed by Commonwealth, State or Territory law relating to employment including, if applicable, the National Employment Standards (within the meaning of the Fair Work Act 2009).
Additional requirements in relation to Employer Sponsored stream
(12) If the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream, the person must certify as part of the nomination, in writing:
(a) that the tasks of the position include a significant majority of the tasks specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72C(11) in force at the time the nomination is made; and
(b) that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation—the instrument made under subregulation 2.72C(11) in force at the time the nomination is made; and
(c) unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), that the occupation is a position in:
(i) the person’s business; or
(ii) a business of an associated entity of the person.
Additional requirements in relation to Labour Agreement stream
(13) If:
(a) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
(b) the person is a party to a work agreement or negotiations for a work agreement; and
(c) the work agreement or proposed 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 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the person must certify as part of the nomination, in writing, that:
(d) the tasks of the position include a significant majority of the tasks specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation—the work agreement or proposed work agreement; and
(e) the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in the work agreement or proposed work agreement.
Minister may make legislative instruments
(14) The Minister may, by legislative instrument, specify any of the following:
(a) for the purposes of subregulation (4), the form in which a nomination must be made;
(b) for the purposes of subregulation (5), the fee that must accompany a nomination;
(c) for the purposes of subregulation (7), any of the following:
(i) a way of making a nomination and circumstances in which a nomination may be made in that way;
(ii) the form in which a nomination must be made if the nomination is made in a way specified under subparagraph (i);
(iii) the fee that must accompany a nomination if the nomination is made in a way specified under subparagraph (i);
(d) for the purposes of paragraph (9)(f), information that must be provided as part of a nomination.
2.73C Refund of nomination fee and nomination training contribution charge—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
(1) The Minister may refund the fee mentioned in subregulation 2.73B(5) or (7), or any nomination training contribution charge mentioned in subregulation 2.73B(6), paid in relation to a nomination if: