(a) any of subregulations (2) to (8) of this regulation 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 494 (Skilled Employer Sponsored Regional (Provisional)) 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 494 (Skilled Employer Sponsored Regional (Provisional)) visas; or
(ii) the number of nominations in relation to Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) 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 that type of visa permitted under the work agreement for the year.
(4) 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:
(i) the nomination, by mistake, identified the wrong occupation or stream; or
(ii) the information in the nomination used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.
(5) This subregulation applies if:
(a) the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored 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(i) the person has withdrawn the application to be approved as a standard business sponsor; or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.
(6) This subregulation applies if:
(a) the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
(b) the person withdraws the nomination before a work agreement is entered.
(7) This subregulation applies if:
(a) an application for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) 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, 4005, 4007 or 4020.
(8) This subregulation applies if:
(a) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) 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.
(9) If:
(a) a nomination made in relation to a person (the nominee) is approved; and
(b) the nominee ceases to be employed by the person who made the nomination within 1 year after commencing employment with the person; and
(c) 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 2.73B(6) paid in relation to the nomination, less:
(d) if the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination is less than $10,000,000—$600; or
(e) otherwise—$1,000.
(10) A refund under subregulation (1) or (9) must be paid to the person who paid the amount.
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:
(a) within a reasonable period after making the decision; and
(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.
(1A) If the applicant has a right to have the decision reviewed by application under Part 5 of the Act, the notification must state all of the following:
(a) that the decision can be reviewed by the ART;
(b) the time in which the application for review may be made;
(c) who can apply for the review;
(d) where the application for review may be made.
(2) The Minister may provide the notification to the applicant in an electronic form.
2.75 Period of approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
(1) This regulation applies in relation to a nomination by a person of an occupation in which any of the following (the nominee) is identified as the person who will work in the occupation:
(a) a holder of a Subclass 457 (Temporary Work (Skilled)) visa;
(ab) a holder of a Subclass 482 (Skills in Demand) visa;
(b) a holder of a Subclass 482 (Temporary Skill Shortage) visa;
(c) an applicant or a proposed applicant for a Subclass 482 (Skills in Demand) 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 work sponsor; and
(b) 12 months after the day on which the nomination is approved unless, at that time, there is a visa application made by the nominee on the basis of the nomination that has not been finally determined; and
(ba) if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved—the day on which the visa application is finally determined or withdrawn; and
(c) the day on which the nominee is granted a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) visa; and
(d) if the nomination is of an occupation for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream—the nomination end day, unless, on the nomination end day:
(i) the person is a standard business sponsor; or
(ii) there is an application for approval as a standard business sponsor made by the person before the sponsorship end day in relation to which a decision has not been made under subsection 140E(1) of the Act; and
(e) the day on which an application mentioned in subparagraph (d)(ii) is refused; and
(f) if:
(i) the nomination is of an occupation for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream; and
(ii) 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
(g) if the approval of the nomination is given to a party to a work agreement (other than a Minister) and the nomination is of an occupation for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream—the day on which the work agreement ceases.
2.75A Period of approval of nomination—Subclass 407 (Training) visa
(1) This regulation applies to a nomination, under paragraph 140GB(1)(b) of the Act, of a program of occupational training in relation to a holder of, or an applicant or proposed applicant for, a Subclass 407 (Training) 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 work sponsor; and
(b) 12 months after the day on which the nomination is approved; and
(c) 3 months after the day on which the person’s approval as the kind of sponsor that could make the nomination ceases; and
(d) if the person’s approval as the kind of sponsor that could make the nomination is cancelled under subsection 140M(1) of the Act—the day on which the person’s approval is cancelled; and
(f) the day on which the applicant, or the proposed applicant, who is identified in relation to the nominated program, is granted a visa on the basis of that nomination.
2.75B Period of approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa
(1) This regulation applies in relation to a nomination by a person of an occupation in which a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee) 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 work sponsor; and
(b) 12 months after the day on which the nomination is approved unless, at that time, there is a visa application made by the nominee on the basis of the nomination that has not been finally determined; and
(c) if a visa application made by the nominee on the basis of the nomination is finally determined or withdrawn after 12 months after the day on which the nomination is approved—the day on which the visa application is finally determined or withdrawn; and
(d) the day on which the nominee is granted a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(e) if the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream—the nomination end day, unless, on the nomination end day:
(i) the person is a standard business sponsor; or
(ii) there is an application for approval as a standard business sponsor made by the person before the sponsorship end day in relation to which a decision has not been made under subsection 140E(1) of the Act; and
(f) the day on which an application mentioned in subparagraph (e)(ii) is refused; and
(g) if:
(i) the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream; and
(ii) 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
(h) if the approval of the nomination is given to a party to a work agreement (other than a Minister) and the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream—the day on which the work agreement ceases.
Division 2.18— Labour agreements
Subdivision 2.18.1—Labour agreements
2.75C Labour agreements
(1) The Minister may, in writing, enter an agreement (a labour agreement) with a person, an unincorporated association or a partnership in Australia under which the person, unincorporated association or partnership is authorised to recruit, employ or engage services of a person in occupations and at locations covered by the agreement.
(2) Without limiting the matters that may be specified in a labour agreement, a labour agreement may specify matters relating to the following:
(a) the number of approved nominations that are permitted under the agreement;
(b) the occupations in relation to which a position may be nominated under the agreement;
(c) requirements relating to salary for occupations nominated under the agreement;
(d) the obligations on the person, association or partnership in relation to the person being recruited, employed or engaged;
(e) the maximum period of stay permitted for a person undertaking an occupation nominated under the agreement;
(f) matters relating to criteria specified for a visa or visa of a specified class including:
(i) English language requirements; and
(ii) age requirements; and
(iii) skills, qualifications and employment background requirements; and
(iv) duration of a visa required to be held to qualify for another visa.
(3) A labour agreement may be varied by the parties to the agreement after it has come into effect.
Subdivision 2.18.2—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 this regulation.
(2) A work agreement:
(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 482 (Skills in Demand) Visa, a Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(c) must be in effect.
2.76A Labour market testing and other work agreement requirements
(1) The Commonwealth must not enter into a work agreement in relation to the recruitment, employment or engagement of persons in occupations and locations required by the other party to the agreement unless the Minister is satisfied that the other party has made recent and genuine efforts to recruit, employ or engage Australian citizens or Australian permanent residents to meet those requirements.
(2) Subregulation (1) does not apply in relation to the recruitment, employment or engagement of a person in the following occupations:
(a) Minister of Religion;
(b) Religious Assistant.
(3) The Minister must publish, on the Department’s website, policy guidelines to be considered by the Commonwealth in relation to the Commonwealth’s negotiation of the following agreements:
(a) work agreements;
(b) agreements, known as Project Agreements, that relate to work agreements.
(4) Without limiting subregulation (3), the policy guidelines must include guidelines relating to the following:
(a) objectives and principles relating to the negotiation of the agreements mentioned in that subregulation;
(b) eligibility requirements to be considered for such agreements;
(c) obligations to be required of parties entering into such agreements.
Division 2.19—Sponsorship obligations
Subdivision 2.19.1—Sponsorship obligations of approved work sponsors etc.
2.77 Preliminary
For subsection 140H(1) of the Act, each of the obligations mentioned in this Subdivision is a sponsorship obligation that a person to whom the obligation applies must satisfy.
2.78 Obligation to cooperate with inspectors
(1) This regulation applies to a person who is or was an approved work sponsor.
(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 work 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 work 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 an approved work sponsor.
(5) 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 the work agreement commences; and
(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—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
(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:
(i) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) 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 work sponsor of a primary sponsored person, if: