(b) the nomination has been approved under section 140GB of the Act on the basis of the criteria in regulation 2.72A; and
(c) the approval of the nomination has not ceased under regulation 2.75A; and
(d) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.
407.215
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
407.216
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
407.217
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 407 visa would be subject; and
(c) any other relevant matter.
407.218
The applicant does not hold:
(a) a permanent visa; or
(b) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph.
407.219
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
407.219A
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
407.219B
The applicant satisfies special return criteria 5001, 5002 and 5010.
407.219C
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
407.3—Secondary criteria
Note 1: These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
407.311
The applicant is a member of the family unit of a person who holds any of the following visas granted on the basis of satisfying the primary criteria for the grant of the visa:
(a) a Subclass 402 (Training and Research) visa;
(b) a Subclass 407 (Training) visa.
407.312
The approved sponsor of the primary applicant:
(a) has agreed, in writing, to be the sponsor of the applicant; and
(b) has not withdrawn its agreement to be the sponsor of the applicant; and
(c) has not ceased to be the sponsor of the primary applicant; and
(d) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor.
407.313
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
407.314
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
407.315
The applicant genuinely intends to stay temporarily in Australia as a member of the family unit of the primary applicant, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) any other relevant matter.
407.316
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
407.317
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
407.318
The applicant satisfies special return criteria 5001, 5002 and 5010.
407.4—Circumstances applicable to grant
407.411
The applicant may be in or outside Australia at the time of grant, but not in immigration clearance.
407.5—When visa is in effect
407.511
(1) If the applicant is outside Australia at the time of grant—temporary visa permitting the holder:
(a) to travel to and enter Australia until a date specified by the Minister; and
(b) to remain in Australia during a period (the period of stay) beginning on the day the applicant first enters Australia as the holder of the visa and ending at the end of a period specified by the Minister, which must not exceed 2 years; and
(c) to travel to and re‑enter Australia during the period of stay.
(2) If the applicant is in Australia at the time of grant—temporary visa permitting the holder:
(a) to remain in Australia during a period (the period of stay) beginning on the date of grant of the visa and ending at the end of a period specified by the Minister, which must not exceed 2 years; and
(b) to travel to and re‑enter Australia during the period of stay.
407.6—Conditions
407.611
If the applicant is a primary applicant:
(a) the visa is subject to conditions 8102, 8303, 8501 and 8516; and
(b) conditions 8106, 8107, 8301, 8502, 8503, 8525 and 8526 may be imposed.
407.612
If the applicant is a secondary applicant:
(a) the visa is subject to conditions 8104, 8303 and 8501; and
(b) conditions 8106, 8301, 8502, 8503, 8516, 8522, 8525 and 8526 may be imposed.
Subclass 408—Temporary Activity
408.1—Interpretation
408.111
In this Part:
adverse supporter information: see clause 408.112.
foreign government agency has the meaning given by subregulation 2.57(1).
government agency has the meaning given by subregulation 2.57(1).
net employment benefit: an activity which a person seeks to enter or remain in Australia to carry out is taken to bring a net employment benefit to the Australian entertainment industry if:
(a) the person seeks to enter or remain in Australia to carry out the activity individually or in association with a group; and
(b) the Minister is satisfied that the carrying out of the activity would lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity.
passes the sponsorship test: a person passes the sponsorship test in relation to an applicant if:
(a) the person:
(i) is an approved sponsor; and
(ii) has agreed, in writing, to be the sponsor of the applicant; and
(iii) has not withdrawn that agreement; and
(iv) has not ceased to be the sponsor of the applicant; and
(b) either:
(i) there is no adverse information known to Immigration about the person, or a person associated with the person; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the person, or a person associated with the person; and
(c) if the person is not a temporary activities sponsor—the application was made on or before 18 May 2017.
Note: The sponsor may be, but is not required to be, the same as the sponsor (or applicant for approval as a sponsor) specified in the visa application.
passes the support test: a person or organisation passes the support test in relation to an applicant if:
(a) if requested by the Minister—the applicant produces a letter of support, from the person or organisation, which:
(i) identifies the event, activity or work for which the applicant seeks to enter or remain in Australia; and
(ii) sets out the duties of the applicant in relation to the event, activity or work; and
(iii) sets out the date or dates, and the location or locations, of the event, activity or work; and
(b) either:
(i) there is no adverse supporter information known to Immigration about the person or organisation, or a person associated with the person or organisation; or
(ii) it is reasonable to disregard any adverse supporter information known to Immigration about the person or organisation, or a person associated with the person or organisation.
sporting organisation has the meaning given by subregulation 2.57(1).
408.112
(1) In this Part, adverse supporter information about a person or organisation is any adverse information relevant to the suitability of the person or organisation to support an application for a Subclass 408 visa (otherwise than as an approved work sponsor of the applicant).
(2) Without limiting subclause (1), adverse supporter information about a person or organisation includes information that the person or organisation:
(a) has contravened a law of the Commonwealth, a State or a Territory; or
(b) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or
(c) has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or
(d) has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or
(e) has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.
(3) Nothing in this clause affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
(4) In this clause:
information that is false or misleading in a material particular means information that is:
(a) false or misleading at the time it is given; and
(b) relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.
Note: For the definition of bogus document, see subsection 5(1) of the Act.
408.2—Primary criteria
Note 1: The primary criteria must be satisfied by at least one member of a family unit. Any other member of the family unit who is an applicant for a visa of this subclass need satisfy only the secondary criteria.
Note 2: All criteria must be satisfied at the time a decision is made on the application.
408.21—Common criteria
Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 408 visa.
408.211
The applicant does not intend to engage in activities that will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents.
408.212
The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.
408.213
The applicant genuinely intends to stay temporarily in Australia for the purpose for which the visa is granted, having regard to:
(a) if the applicant has held a substantive visa—whether the applicant has complied substantially with the conditions to which the last substantive visa, or any subsequent bridging visa, held by the applicant was subject; and
(b) whether the applicant intends to comply with the conditions to which the Subclass 408 visa would be subject; and
(c) any other relevant matter.
408.214
The applicant does not hold:
(a) a permanent visa; or
(b) a temporary visa specified by the Minister in a legislative instrument made for the purposes of this paragraph.
408.215
The applicant has:
(a) adequate means to support himself or herself; or
(b) access to adequate means to support himself or herself;
during the period of the applicant’s intended stay in Australia.
408.216
(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4003B, 4004, 4005, 4013, 4014, 4020 and 4021.
(2) If the applicant had turned 18 at the time of application, the applicant satisfies public interest criterion 4019.
(3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4012, 4017 and 4018.
408.217
The applicant satisfies special return criteria 5001, 5002 and 5010.
408.218
Either:
(a) the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the applicant has engaged in such conduct in that period;
(ii) the Minister considers that it is reasonable to disregard the conduct.
408.219
(1) Subject to subclause (2), the applicant:
(a) will not be performing as an entertainer in Australia:
(i) under a performing contract; or
(ii) for non‑profit purposes; and
(b) will not be supporting an entertainer or a group of entertainers in Australia; and
(c) will not be directing, producing or taking another part in:
(i) a film, television or radio production that is to be shown or broadcast in Australia; or
(ii) a theatre production or concert that is to be performed in Australia; or
(iii) a recording that is to take place in Australia.
(2) This clause does not apply to an applicant who satisfies the requirements in clause 408.228A (workplace justice), 408.229 (Australian Government endorsed events) or 408.229A (entertainment).
408.219A
A clause in Subdivision 408.22 applies to the applicant.
408.22—Alternative criteria
Note: A clause in this Subdivision must apply to the applicant in order for the applicant to satisfy the primary criterion in clause 408.219A.
408.221
Invited participant in an event
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in one or more events; and
(b) the applicant stated on the application form that the proposed length of stay in Australia did not exceed 3 months; and
(c) the applicant has been invited to participate in the event or events by a person or organisation; and
(d) the person or organisation:
(i) is directly responsible for the event or events; or
(ii) has a formal role in preparing for, or conducting, the event or events; and
(e) the duties or tasks to be undertaken by the applicant are appropriate and reasonable, having regard to the requirements of the event or events; and
(f) either:
(i) the person or organisation is a temporary activities sponsor and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made—the person or organisation passes the support test in relation to the applicant.
408.222
(1) This clause applies to the applicant if subclause (2) or (3) applies to the applicant.
Sports trainee
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in sport by being trained by a sporting organisation (the relevant sporting organisation) that is lawfully operating in Australia; and
(b) the applicant is a sportsperson or adjudicator who:
(i) is currently competing or adjudicating at the Australian national level, or equivalent; or
(ii) is endorsed by the relevant peak sporting body in Australia or overseas as having the demonstrated potential to compete or adjudicate at the Australian national level, or equivalent; and
(c) the relevant sporting organisation has an international reputation for training elite sportspeople or adjudicators; and
(d) the relevant sporting organisation is not a sporting club that, as its primary activity, competes in sporting competitions below the Australian national level for the sport; and
(e) either:
(i) the relevant sporting organisation is a temporary activities sponsor, or a long stay activity sponsor, and passes the sponsorship test in relation to the applicant; or
(ii) if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—the relevant sporting organisation passes the support test in relation to the applicant.
Elite player, coach, instructor or adjudicator
(3) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to be a player, a coach, an instructor or an adjudicator in relation to an Australian sporting team or sporting organisation; and
(b) the applicant has been invited to participate in the activity referred to in paragraph (a) by a sporting organisation (the relevant sporting organisation) that is lawfully operating in Australia; and