(II) the last substantive visa held by the primary sponsored person was the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person;
the bridging visa has ceased to be in effect.
2.86A Obligation to ensure primary sponsored person works or participates in activity in relation to which the visa was granted
(1) This regulation applies to a person (the sponsor) who is or was an approved work sponsor of:
(a) a primary sponsored person (the sponsored person) who holds a Subclass 408 (Temporary Activity) visa; or
(b) a person (the sponsored person) who was a primary sponsored person if the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa.
(2) The sponsor must ensure that the sponsored person undertakes the activity in relation to which the visa was granted.
(3) The obligation mentioned in subregulation (2) starts to apply on the day the visa is granted.
(4) The obligation mentioned in subregulation (2) ceases to apply on the earliest of the following days:
(a) the day on which the sponsored person is granted a further substantive visa that:
(i) is a visa of a different subclass to the last substantive visa held by the sponsored person; and
(ii) is in effect;
(b) the day on which the primary sponsored person is granted a further Subclass 408 (Temporary Activity) visa, if the sponsor is not a sponsor in relation to that further visa;
(c) the first day on which each of the following has occurred:
(i) the primary sponsored person has left Australia;
(ii) the visa referred to in subregulation (1) has ceased to be in effect;
(iii) if the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia, and the last substantive visa held by the primary sponsored person was the visa referred to in subregulation (1)—the bridging visa has ceased to be in effect.
2.87 Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
(1) This regulation applies to a person who is or was an approved work sponsor.
(1A) The person:
(a) must not take any action, or seek to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) 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
(iv) 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) must not take any action, or seek to take any action, that would result in another person paying to the person some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) 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
(iv) 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 person 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 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not take any action, or seek 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
(d) if the person 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 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not take any action, or seek to take any that would result in another person paying to the person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.
(1B) The person:
(a) must not 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
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) 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
(iv) that relate specifically to the recruitment of the primary sponsored person, or a non‑citizen, for the purposes of a nomination under subsection 140GB(1) of the Act; and
(b) must not seek 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
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) 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
(iv) that relate specifically to the recruitment of the primary sponsored person, or a non‑citizen, for the purposes of a nomination under subsection 140GB(1) of the Act; and
(c) if the person 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 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not 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; and
(d) if the person 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 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not seek 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.
(2A) In addition to subregulations (1A) and (1B), if:
(a) the person is or was:
(i) a temporary activities sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person); or
(ii) a long stay activity sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person); and
(b) either:
(i) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic Worker stream; or
(ii) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic Worker stream; or
(iii) the sponsored person holds a Subclass 408 (Temporary Activity) visa granted to the sponsored person on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) or 408.224 (domestic worker) of Schedule 2; or
(iv) the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa granted to the sponsored person on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) or 408.224 (domestic worker) of Schedule 2;
the person must not recover or seek to recover from the sponsored person any expenditure by the person in relation to financial support of the sponsored person in Australia.
(3) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligations mentioned in subregulations (1A), (1B) and (2A):
(a) start to apply on the day on which the person is approved as a work sponsor; and
(b) end on the day on which each of the following has occurred:
(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.
(4) If the person is or was a party to a work agreement, the obligations mentioned in subregulations (1A), (1B) and (2A):
(a) start to apply on the day on which the work agreement commences; and
(b) end on the day on which each of the following has occurred:
(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.
2.87C Obligation not to engage in discriminatory recruitment practices
(1) This regulation applies to a person who:
(a) is or was a standard business sponsor; and
(b) is lawfully operating a business in Australia.
(2) The person must not engage in, or have engaged in, discriminatory recruitment practices during the period of the person’s approval as a work sponsor.
(3) The obligation referred to in subregulation (2):
(a) starts to apply on the day the person is, or was, approved as a standard business sponsor; and
(b) ends when the person ceases, or ceased, to be a standard business sponsor.
Subdivision 2.19.2—Sponsorship obligations of approved family sponsors etc.
2.87CA Sponsorship obligations
(1) For the purposes of subsection 140H(1) of the Act, each of the obligations mentioned in this Subdivision is a sponsorship obligation.
(2) For the purposes of paragraph 140HA(2A)(aa) of the Act, the following expenses are prescribed:
(a) medical, hospital or other health‑related expenses arising from the treatment of a person in a public hospital or other public health facility;
(b) expenses arising from the provision of an aged care service to a person, on or after 17 April 2019 and before 1 January 2020, by an approved provider of a kind mentioned in section 8‑6 of the Aged Care Act 1997 as in force immediately before 1 January 2020;
(c) expenses arising from the provision of an aged care service to a person, on or after 1 January 2020 and before the commencement of the Aged Care Act 2024, by an approved provider of a kind mentioned in section 63F of the Aged Care Quality and Safety Commission Act 2018 as in force immediately before the commencement of the Aged Care Act 2024;
(d) expenses arising from the delivery of a funded aged care service to a person by a registered provider that is a government entity or a local government authority (within the meaning of the Aged Care Act 2024).
2.87CB Obligation to keep records
(1) A person who is or was an approved family sponsor must keep records of a kind, and in a manner, specified in an instrument under subregulation (2) during the period:
(a) starting on the sponsorship start day for the person; and
(b) ending 2 years after the day the person ceases to be an approved family sponsor.
(2) The Minister may, by legislative instrument, specify either or both of the following for the purposes of subregulation (1):
(a) a kind of record;
(b) a manner of keeping records of that kind.
2.87CC Obligation to give records to the Minister
(1) If a person who is or was an approved family sponsor is given a notice under subregulation (2) during the period:
(a) starting on the sponsorship start day for the person; and
(b) ending 2 years after the day the person ceases to be an approved family sponsor;
the person must comply with the notice.
(2) The Minister may, by written notice given to a person who is or was an approved family sponsor, request the person to give, within a specified period and in a specified manner, either or both of the following to the Minister:
(a) a record of a kind that the person is required to keep under regulation 2.87CB;
(b) records:
(i) that the person is required to keep under a law of the Commonwealth, or of a State or Territory, that applies to the person; and
(ii) that relate to the administration of Division 3A of Part 2 of the Act and the regulations made under that Division.
(3) The period specified in the notice must not end less than 7 days after the person is taken to have received the notice.
Note: See section 494C of the Act for when a person is taken to have received a document given by one of the methods specified in section 494B of the Act.
2.87CD Obligation to give information to Immigration when certain events occur
(1) If an event mentioned in subregulation (2) occurs in relation to a person who is an approved family sponsor, the person must give details of the event to Immigration:
(a) within 28 days of the event occurring; and
(b) in the manner specified in an instrument under subregulation (3).
(2) The events are the following:
(a) a change to any information provided to Immigration whether in the person’s application for approval as a family sponsor or otherwise;
(b) the person is charged with, or convicted of, an offence;
(c) a debt the person has incurred to the Commonwealth becomes overdue;
(d) the person becomes the subject of an apprehended violence order, or a similar order, issued under a law of a State or Territory or a foreign country;
(e) a person sponsored by the person dies.
(3) The Minister may, by legislative instrument, specify a manner for the purposes of paragraph (1)(b).
2.87CE Obligation to pay outstanding public health debt of sponsored person
(1) This regulation applies to a person (the first person) who is or was the parent sponsor of another person (the sponsored person).
(2) If:
(a) the sponsored person has an outstanding public health debt; and
(b) the debt relates to an expense incurred by the sponsored person:
(i) during the period in which the first person is the parent sponsor of the sponsored person; or
(ii) during the period after the first person ceases to be the parent sponsor of the sponsored person but before the sponsored person next leaves Australia or is granted a permanent visa;
the first person must, as soon as practicable, pay the debt in full.
2.87CF Obligation to support sponsored person financially and in respect of accommodation
A person who is or was the parent sponsor of another person (the sponsored person) must assist the sponsored person, to the extent necessary, financially and in relation to accommodation during the period:
(a) starting at the time the sponsored person is granted a Subclass 870 (Sponsored Parent (Temporary)) visa; and
(b) ending at the time:
(i) a Subclass 870 (Sponsored Parent (Temporary)) visa held by the sponsored person has ceased to be in effect and the sponsored person has left Australia; or
(ii) the sponsored person is granted a substantive visa.
Division 2.19A—Publishing information about sanctions
2.87D Publishing information about sanctions
(1) For the purposes of subsection 140K(4) of the Act, the information that must be published by the Minister under that subsection is the following:
(a) information that identifies the approved sponsor or former approved sponsor who failed to satisfy an applicable sponsorship obligation;
(b) the applicable sponsorship obligation that the approved sponsor or former approved sponsor failed to satisfy;
(c) information relating to the action taken under section 140K of the Act in relation to the approved sponsor or former approved sponsor.
(2) For the purposes of subsection 140K(7) of the Act, the Minister is not required to publish information under subsection 140K(4) of the Act that relates to an approved family sponsor or former approved family sponsor.
Division 2.20—Circumstances in which sponsor may be barred or sponsor’s approval may be cancelled
2.88 Preliminary
For subparagraphs 140L(1)(a)(i) and (ii) of the Act, each of the circumstances mentioned in this Division is a circumstance in which the Minister may take one or more of the actions mentioned in section 140M of the Act.
Note: The Minister cannot take action against a party to a work agreement under section 140M of the Act. The terms of the work agreement will provide for whether the agreement can be cancelled or whether the person can be barred from doing certain things under the agreement.
2.89 Failure to satisfy sponsorship obligation
(1) This regulation applies to a person who is or was:
(a) a standard business sponsor in relation to a primary sponsored person or a secondary sponsored person; or
(b) a professional development sponsor in relation to a primary sponsored person; or