(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and
(II) the last substantive visa held by the secondary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 408 (Temporary Activity) visa, a Subclass 416 (Special Program) visa, 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;
the bridging visa has ceased to be in effect.
2.80A Obligation to pay travel costs—domestic worker (executive)
(1) This regulation applies to a person who is or was a temporary activities sponsor, or a long stay activity sponsor, of a primary sponsored person or a secondary sponsored person, if:
(a) the sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.224 (domestic worker) of Schedule 2; or
(b) the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.224 (domestic worker) of Schedule 2.
(1A) This regulation also applies to a person who is or was a long stay activity sponsor of a primary sponsored person or a secondary sponsored person if:
(a) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream; or
(b) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream.
(2) The person must pay the travel costs of the sponsored person:
(a) that will enable the sponsored person to travel to Australia, and leave Australia; and
(b) that have not already been paid in accordance with this regulation; and
(c) that are reasonable and necessary.
(3) Without limiting paragraph (2)(c), a person is taken to have paid reasonable and necessary costs if:
(a) the costs include the cost of travel:
(i) to Australia; and
(ii) from the place of arrival in Australia to the sponsored person’s usual place of residence in Australia; and
(b) the costs include the cost of travel from the sponsored person’s usual place of residence in Australia to the place of departure from Australia; and
(c) the costs include the cost of travel from Australia to the country from which the sponsored person came to Australia; and
(d) the costs are for economy class air travel or the equivalent of economy class air travel.
(4) The obligation mentioned in subregulation (2):
(aa) if subregulation (1) applies—starts to apply on the day on which the primary sponsored person is granted the visa referred to in that subregulation; or
(a) if subregulation (1A) applies—starts to apply on:
(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or
(ii) if the primary sponsored person does not hold a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream on the day the Minister approves the nomination—the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and
(b) for a primary sponsored person—ends on the earliest of:
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and
(ii) the day on which the primary sponsored person is granted a further substantive visa that:
(A) is a visa of a different subclass to the last substantive visa held by the primary sponsored person; and
(B) is in effect; and
(iii) the first day on which each of the following has occurred:
(A) the primary sponsored person has left Australia;
(B) the Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or the Subclass 408 (Temporary Activity) visa has ceased to be in effect;
(C) if:
(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and
(II) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass 408 (Temporary Activity) visa;
the bridging visa has ceased to be in effect; and
(c) for a secondary sponsored person—ends on the earliest of:
(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and
(ii) the day on which the secondary sponsored person is granted a further substantive visa that:
(A) is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and
(B) is in effect; and
(iii) the first day on which each of the following has occurred:
(A) the secondary sponsored person has left Australia;
(B) the Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or the Subclass 408 (Temporary Activity) visa has ceased to be in effect;
(C) if:
(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and
(II) the last substantive visa held by the secondary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass 408 (Temporary Activity) visa;
the bridging visa has ceased to be in effect.
2.81 Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non‑citizen
(1) This regulation applies to a person who is or was an approved work sponsor.
(2) The person must pay costs incurred by the Commonwealth:
(a) if the costs were incurred by the Commonwealth in taking either or both of the following actions in relation to the primary sponsored person or secondary sponsored person:
(i) locating, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person;
(ii) removing, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person from Australia; and
(b) if the Minister has requested the payment of the costs by written notice in the manner specified in subregulation (5); and
(c) if the costs were incurred by the Commonwealth within the period mentioned in subregulation (6).
(3) However, if the person has already paid the costs of return travel in accordance with the sponsorship obligation mentioned in regulation 2.80 (the return costs), the person is liable to pay to the Commonwealth only the difference between:
(a) the lesser of:
(i) the actual costs incurred by the Commonwealth in taking 1 or more of the actions mentioned in paragraph (2)(a); or
(ii) the costs up to the limit prescribed under paragraph 140J(1)(a) of the Act, as prescribed in subregulation (4); and
(b) the return costs that have already been paid by the person.
(4) For paragraph 140J(1)(a) of the Act, the limit in relation to the obligation at subregulation (2) is $10 000.
(5) For paragraph (2)(b), the notice from the Minister requesting the payment of costs must:
(a) be given using a method mentioned in section 494B of the Act; and
(b) specify a date for compliance not earlier than 7 days after the date a person will be taken, by section 494C of the Act, to have received the notice.
(6) For paragraph 2(c):
(a) in relation to a primary sponsored person—the period within which the Commonwealth must incur the costs:
(i) starts on the day on which the primary sponsored person becomes an unlawful non‑citizen; and
(ii) ends at the moment when the primary sponsored person leaves Australia; and
(b) in relation to a secondary sponsored person—the period within which the Commonwealth must incur the costs:
(i) starts on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and
(ii) ends at the moment when the secondary sponsored person leaves Australia.
(7) The obligation mentioned in subregulation (2):
(a) in relation to a primary sponsored person:
(i) starts to apply on the day on which the primary sponsored person becomes an unlawful non‑citizen; and
(ii) ends 5 years after the time at which the primary sponsored person leaves Australia; and
(b) in relation to a secondary sponsored person:
(i) starts to apply on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and
(ii) ends 5 years after the time at which the secondary sponsored person leaves Australia.
(8) In this regulation:
costs, in relation to the removal of a former primary sponsored person or a former secondary sponsored person from Australia, has the same meaning as in paragraph (b) of the definition of costs in section 207 of the Act.
2.82 Obligation to keep records
(1) This regulation applies to a person who is or was an approved work sponsor.
(2) The person must keep records:
(a) of a kind:
(i) if the person is a standard business sponsor—specified in subregulation (3); or
(ii) if the person is a party to a work agreement—specified in subregulations (3) and (3A); or
(iii) if the person is a temporary activities sponsor, a temporary work sponsor or a professional development sponsor—specified in paragraphs (3)(a) and (b); and
(aa) of a kind specified by the Minister in an instrument in writing (if any) made for this subparagraph; and
(b) in a reproducible format; and
(c) either:
(i) in the manner specified by the Minister in an instrument in writing (if any) made for this subparagraph; or
(ii) if the record is a record mentioned in subparagraph (3)(a)(iii), (3)(e)(i), (3)(e)(ii) or paragraph (3)(g)—in a manner that is capable of being verified by an independent person; and
(d) for the period specified in subregulation (4), (5) or (6).
(3) For paragraph (2)(a), the records are:
(a) if the obligation mentioned in regulation 2.80 applies to the person:
(i) a record of the written request by the primary sponsored person or secondary sponsored person for the payment of return travel costs; and
(ii) a record of when the written request for the payment of return travel costs was received by the person; and
(iii) a record of how the person complied with the request to pay return travel costs, including:
(A) the costs paid; and
(B) who the costs were paid for; and
(C) the date of the payment of the costs; and
(b) if the obligation mentioned in regulation 2.84 applies to the person:
(i) a record of a notification to Immigration of an event specified in regulation 2.84 for the person; and
(ii) a record of the particulars of the notification of the event, including:
(A) the date on which the person notified Immigration of the event; and
(B) the method by which the notification was provided; and
(C) where the notification was provided; and
(c) if:
(i) the primary sponsored person 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; 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, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
a record of the tasks performed by the primary sponsored person in relation to work undertaken in relation to the nominated occupation; and
(d) a record of the location or locations at which the tasks mentioned in paragraph (c) were performed; and
(e) if the obligation mentioned in regulation 2.79 or 2.79A applies to the person:
(i) a record of the money paid to the primary sponsored person; and
(ii) a record of the money applied or dealt with in any way on the primary sponsored person’s behalf or as the primary sponsored person directed; and
(iii) a record of the non‑monetary benefits provided to the primary sponsored person, including the agreed value and the time at which, or the period over which, those benefits were provided; and
(iv) if there is an equivalent worker or workers in the person’s workplace—a record of the terms and conditions that apply, or did apply, to an equivalent worker or workers, including the period over which the terms and conditions applied; and
(f) a copy of the written contract of employment under which the primary sponsored person is employed; and
(g) if the person was approved as a standard business sponsor before 12 August 2018 and was lawfully operating a business in Australia at the time of:
(i) the person’s approval as a standard business sponsor; or
(ii) the approval of a variation to the person’s approval as a standard business sponsor;
all records showing that the person has complied with requirements relating to training specified by the Minister in an instrument in force before 12 August 2018 under subregulation 2.87B(2) (as in force before 12 August 2018); and
(h) records to substantiate the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for nominations in relation to which the person is liable for nomination training contribution charge.
(3A) For subparagraph (2)(a)(ii), the records are the records specified in the work agreement as records that must be kept.
(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 of sponsor under subsection 140E(1) of the Act; and
(b) ends 2 years after the first day on which each of the following occurs concurrently:
(i) the person ceases to be an approved work sponsor;
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
(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 2 years after the first day on which each of the following occurs concurrently:
(i) the person ceases to be a party to a work agreement;
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
(6) However, the obligation mentioned in subregulation (2) does not require a person to keep a record for a period of more than 5 years.
2.83 Obligation to provide records and information to the Minister
(1) This regulation applies to a person who is or was an approved work sponsor.
(2) The person must provide records or information to the Minister:
(a) if the Minister has requested the provision of the records or information by written notice in the manner specified in subregulation (3); and
(b) if the records requested by the Minister:
(i) are records the person is required to keep under a law of the Commonwealth or a State or Territory that applies to the person; or
(ii) are records the person is required to keep under regulation 2.82; and
(c) if the records or information relates to:
(i) the administration of Division 3A of Part 2 of the Act and the Regulations made under that Division; or
(ii) if the person is a party to a work agreement—the administration of the work agreement; and
(d) in the manner, and within the timeframe, requested by the Minister in the notice mentioned in subregulation (3).
(3) A notice from the Minister requesting the provision of records or information must:
(a) be given using a method mentioned in section 494B of the Act; and
(b) specify a date for compliance not earlier than 7 days after the date on which a person will be taken, by section 494C of the Act, to have received the document.
(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 under section 140E of the Act; and
(b) ends 2 years after the first day on which each of the following occurs concurrently:
(i) the person ceases to be an approved work sponsor; and
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
(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 2 years after the first day on which each of the following occurs concurrently:
(i) the person ceases to be a party to a work agreement;
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
2.84 Obligation to provide information to Immigration when certain events occur
(1) This regulation applies to a person who is or was an approved work sponsor.
(2) The person must:
(a) provide details of an event to Immigration when an event mentioned in this regulation, and specified for the person, occurs; and
(b) provide the details of the event:
(i) electronically, in the manner specified by the Minister in a legislative instrument made for the purposes of this subparagraph; and
(ii) within the period specified in subregulation (6).
(3) If the person is or was a standard business sponsor or a party to a work agreement, the person must notify Immigration about each of the following events:
(a) the cessation, or expected cessation, of a primary sponsored person’s employment with the person;
(aa) a change to the work duties carried out by a primary sponsored person;