(c) the applicant has entered into a formal arrangement that provides for the applicant to participate in the activity referred to in paragraph (a) for a period specified in the arrangement; and
(d) the Minister has been provided with a letter of endorsement from the national sporting body responsible for administering the sport in Australia, certifying that the applicant has the ability to play, coach, instruct or adjudicate at the Australian national level; 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.
408.223
Religious worker
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to provide services as a religious worker; and
(b) the applicant has been invited to provide the services by a religious institution that is lawfully operating in Australia; and
(c) the applicant will be engaged on a full‑time basis to work or participate in an activity in Australia that:
(i) is predominately non‑profit in nature; and
(ii) directly serves the religious objectives of the religious institution; and
(d) the applicant has appropriate qualifications and experience to undertake the work or activity; and
(e) either:
(i) the religious institution 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 religious institution passes the support test in relation to the applicant.
408.224
Domestic worker
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to provide services as a domestic worker; and
(b) the applicant has been invited to provide the services by a person or organisation that is:
(i) a foreign government agency that employs a person (the first visa holder) who holds a Subclass 403 (Temporary Work (International Relations)) visa in the Privileges and Immunities stream; or
(ii) a foreign organisation that is lawfully operating in Australia and that employs a person (the first visa holder) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa or a Subclass 482 (Temporary Skill Shortage) visa; and
(c) the first visa holder is the national managing director, deputy national managing director or State or Territory manager of an Australian office of the foreign government agency or foreign organisation; and
(d) the applicant will be employed to undertake full‑time domestic duties in the private household of the first visa holder; and
(e) the grant of the visa would not cause the number of domestic workers holding visas for employment in the household of the first visa holder to exceed 3 (including the applicant); and
(f) the applicant has turned 18; and
(g) the applicant has experience working as a domestic worker; and
(h) the person or organisation provides evidence that:
(i) the person or organisation has been unable to find a suitable person in Australia to undertake the duties; or
(ii) there are compelling reasons for employing the applicant; and
(i) the applicant is to be employed in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards; and
(j) either:
(i) the person or 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 person or organisation passes the support test in relation to the applicant.
408.225
Superyacht crew
This clause applies to the applicant if:
(a) the applicant is a member of the crew of a superyacht; and
(b) the applicant has turned 18; and
(c) either:
(i) the captain, owner or operator of the superyacht is a temporary activities sponsor, or a superyacht crew 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 captain, owner or operator of the superyacht passes the support test in relation to the applicant.
408.226
(1) This clause applies to the applicant if either subclause (2) or (3) applies to the applicant.
Research
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to observe or participate in an Australian research project:
(i) at an Australian tertiary or research institution (the relevant institution) that is lawfully operating in Australia; and
(ii) in collaboration with academics employed by the relevant institution; and
(b) the applicant:
(i) is employed, or was formerly employed, as an academic at a tertiary or research institution; and
(ii) has a significant record of achievement in his or her field; and
(c) either:
(i) the relevant institution is a temporary activities sponsor, or a training and research 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 institution passes the support test in relation to the applicant.
Research (student)
(3) This subclause applies to the applicant if:
(a) the applicant:
(i) is a student of a foreign educational institution; or
(ii) has graduated from a foreign educational institution during the 12 months preceding the making of the application; and
(b) the applicant seeks to enter or remain in Australia to undertake research at an Australian tertiary or research institution (the relevant institution) that is closely related to the course in which the student is or was enrolled at the foreign educational institution; and
(c) the relevant institution is lawfully operating in Australia; and
(d) either:
(i) the relevant institution is a temporary activities sponsor, or a training and research 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 institution passes the support test in relation to the applicant.
408.227
Staff exchange
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to work for an organisation (the first organisation) that is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; or
(iii) a foreign government agency; and
(b) there is a written agreement between the first organisation and a foreign organisation (the reciprocating organisation) that provides for:
(i) the applicant to work for the first organisation in Australia for a period specified in the agreement; and
(ii) a named person, who is an Australian citizen or an Australian permanent resident, to have the opportunity to obtain experience with the reciprocating organisation for a specified period; and
(c) the exchange set out in paragraph (b) will be of benefit to both the applicant and the Australian citizen or Australian permanent resident; and
(d) the work that the applicant will perform for the first organisation will be in a skilled position; and
(e) either:
(i) the first 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 first organisation passes the support test in relation to the applicant.
408.228
(1) This clause applies to the applicant if any of subclauses (2) to (5) apply to the applicant.
Youth exchange program
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in a youth exchange program that has been approved in writing by the Secretary for the purposes of this paragraph; and
(b) the program is being conducted by a person or organisation that is:
(i) an Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) the person or organisation is a party to a special program agreement with the Secretary in relation to the program; and
(d) either:
(i) the person or organisation is a temporary activities sponsor, or a special program 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 person or organisation passes the support test in relation to the applicant.
School to School Interchange Program
(3) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in the School to School Interchange Program; and
(b) the School to School Interchange Program is being conducted, or is proposed to be conducted, by a person or organisation that is:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) either:
(i) the person or organisation is a temporary activities sponsor, or a special program 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 person or organisation passes the support test in relation to the applicant.
School Language Assistants Program
(4) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in the School Language Assistants Program; and
(b) the School Language Assistants Program is being conducted, or is proposed to be conducted, by:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) either:
(i) the person or organisation is a temporary activities sponsor, or a special program 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 person or organisation passes the support test in relation to the applicant.
Other programs
(5) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to participate in a program which:
(i) has the objective of cultural enrichment or community benefit; and
(ii) has been approved in writing by the Secretary for the purposes of this paragraph; and
(b) the program is being conducted, or is proposed to be conducted, by a person or organisation that is:
(i) a community‑based, non‑profit Australian organisation that is lawfully operating in Australia; or
(ii) a government agency; and
(c) the person or organisation is a party to a special program agreement with the Secretary in relation to the program; and
(d) either:
(i) the person or organisation is a temporary activities sponsor, or a special program 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 person or organisation passes the support test in relation to the applicant.
408.228A
Workplace justice
(1) This clause applies to the applicant if:
(a) the applicant seeks to remain in Australia to undertake a workplace justice activity; and
(b) the applicant is in a class of persons specified in a legislative instrument made by the Minister for the purposes of this paragraph.
Note: There is no requirement for a person or organisation to pass the sponsorship test or pass the support test in relation to the applicant.
(2) For the purposes of subclause (1), an applicant undertakes a workplace justice activity if the applicant:
(a) is a complainant or victim (or alleged victim) in criminal proceedings relating to the matter referred to in paragraph (b) of item 3A of the table in subitem 1237(3) of Schedule 1; or
(b) is a party to civil proceedings relating to the matter referred to in paragraph (b) of item 3A of the table in subitem 1237(3) of Schedule 1; or
(c) is a complainant in a complaint made relating to the matter referred to in paragraph (b) of item 3A of the table in subitem 1237(3) of Schedule 1.
408.229
Australian Government endorsed event
This clause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to undertake work directly associated with an event; and
(b) the event is specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
(c) the applicant is in a class of persons specified in the instrument in relation to the event.
Note: There is no requirement for a person or organisation to pass the sponsorship test or pass the support test in relation to the applicant.
408.229A
(1) This clause applies to the applicant if any of subclauses (2) to (8) apply to the applicant.
Performing in film or television production subsidised by government
(2) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to perform:
(i) as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and
(ii) in a film or television production that is subsidised, in whole or in part, by a government in Australia; and
(iii) in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements; and
(b) the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that the relevant Australian content criteria have been met; and
(c) either:
(i) an eligible sponsor 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—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the production; and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
Performing in film or television production not subsidised by government
(3) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to perform:
(i) as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and
(ii) in a film or television production that is not subsidised in any way by a government in Australia; and
(iii) in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements; and
(b) the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that:
(i) citizens and residents of Australia have been afforded a reasonable opportunity to participate in all levels of the production; and
(ii) the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production is greater than the amount to be expended on entertainers sponsored or supported for entry; and
(c) either:
(i) an eligible sponsor 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—an eligible supporter passes the support test in relation to the applicant; and
(d) the eligible sponsor or eligible supporter holds any necessary licences in respect of the production; and
(e) the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.
Performing in productions not related to film or television
(4) This subclause applies to the applicant if:
(a) the applicant seeks to enter or remain in Australia to perform as an entertainer under a performing contract that:
(i) is not related to a film or television production; and
(ii) is for one or more specific engagements (other than non‑profit engagements) in Australia; and
(b) the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and
(c) either:
(i) an eligible sponsor passes the sponsorship test in relation to the applicant; or