(b) the holder is continuing to work for the sponsor, or the associated entity of the sponsor, for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.
(4) If the visa is:
(a) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or
(b) a Subclass 402 (Training and Research) visa; or
(ba) a Subclass 420 (Temporary Work (Entertainment)) visa;
the holder must not:
(c) cease to engage in the most recently nominated occupation, program or activity in relation to which the holder is identified; or
(d) engage in work or an activity that is inconsistent with the most recently nominated occupation, program or activity in relation to which the holder is identified; or
(e) engage in work or an activity for an employer other than the employer identified in accordance with paragraph 2.72A(7)(a) as in force before 19 November 2016 (subject to subregulation 2.72A(8) as in force before that day) in the most recent nomination in which the holder is identified.
(5) If the visa is a subclass 407 (Training) visa, the holder must not:
(a) cease to engage in the most recently nominated program in relation to which the holder is identified; or
(b) engage in work or an activity that is inconsistent with the most recently nominated program in relation to which the holder is identified; or
(c) engage in work or an activity for an employer other than an employer identified in accordance with paragraph 2.72A(8)(a) (subject to subregulation 2.72A(9)) in the most recent nomination in which the holder is identified.
8108 The holder must not be employed in Australia by any 1 employer for more than 3 months, without the prior permission in writing of the Secretary.
8109 The holder must not change details of times and places of engagements specified in the application to be undertaken in Australia during the visa period, without the prior permission in writing of the Secretary.
8110 The holder:
(a) must not engage in work in Australia except in the household of the employer in relation to whom the visa was granted; and
(b) must not work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; and
(c) must not engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; and
(d) must not cease to be employed by the employer in relation to which the visa was granted, unless paragraph (e) applies; and
(e) except with the written permission of the Foreign Minister, must not remain in Australia after the permanent departure of that employer.
8111 The holder must not:
(a) perform work in Australia except in the household of the employer who is the holder’s sponsor in relation to the visa; or
(b) remain in Australia after the permanent departure of that employer.
8112 The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.
8113 The holder must not work in Australia otherwise than as a member of the crew of a non‑military ship.
8114 The holder must not work in Australia otherwise than as a member of the crew of a superyacht.
8115 The holder must not work in Australia other than by engaging in a business visitor activity.
8116 The holder must not work in Australia other than by engaging in an activity specified in a legislative instrument made by the Minister for this clause.
8117 The holder must not work in Australia other than as a member of the crew on either or both of the following:
(a) the flight on which the holder leaves Australia;
(b) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.
8118 The holder must not work in Australia other than as a member of the crew on one or more of the following:
(a) the flight on which the holder travels to Australia;
(b) one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport;
(c) the flight on which the holder leaves Australia;
(d) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia.
8201 (1) While in Australia, the holder must not engage, for more than 3 months, in any studies or training.
(2) However, subclause (1) does not apply to a visa mentioned in the table.
Item
Visa
1
Subclass 590 (Student Guardian) visa in relation to which the holder is undertaking an ELICOS of less than 20 hours per week
1A
Subclass 602 (Medical Treatment) visa in relation to which the holder:<br>(a) is under 18; and<br>(b) has experienced a change in circumstances while in Australia; and<br>(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances
2
Subclass 675 (Medical Treatment (Short Stay)) visa in relation to which the holder:<br>(a) is under 18; and<br>(b) has experienced a change in circumstances while in Australia; and<br>(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances
3
Subclass 685 (Medical Treatment (Long Stay)) visa in relation to which the holder:<br>(a) is under 18; and<br>(b) has experienced a change in circumstances while in Australia; and<br>(c) has the written permission of the Minister to engage for more than 3 months in any studies or training because of compelling and compassionate circumstances
8202 (1) The holder must be enrolled in a full‑time course of study or training if the holder is:
(a) a Defence student; or
(b) a Foreign Affairs student; or
(c) a secondary exchange student.
(2) A holder not covered by subclause (1):
(a) must be enrolled in a full‑time registered course; and
(b) subject to subclause (3), must maintain enrolment in a registered course that, once completed, will provide a qualification from the Australian Qualifications Framework that is at the same level as, or at a higher level than, the registered course in relation to which the visa was granted; and
(c) must ensure that neither of the following subparagraphs applies in respect of a registered course undertaken by the holder:
(i) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act;
(ii) the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for section 19 of the Education Services for Overseas Students Act 2000 and the relevant standard of the national code made by the Education Minister under section 33 of that Act.
(3) A holder is taken to satisfy the requirement set out in paragraph (2)(b) if the holder:
(a) is enrolled in a course at the Australian Qualifications Framework level 10; and
(b) changes their enrolment to a course at the Australian Qualifications Framework level 9.
8203 The holder must not change his or her course of study, or thesis or research topic, unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.
8204 The holder must not undertake or change a course of study or research, or thesis or research topic, for:
(a) a graduate certificate, a graduate diploma, a master’s degree or a doctorate; or
(b) any bridging course required as a prerequisite to a course of study or research for a master’s degree or a doctorate;
unless approval is given by the Minister after the Minister has obtained an assessment from the competent Australian authorities that the holder is not likely to be directly or indirectly a risk to Australian national security.
8207 The holder must not engage in any studies or training in Australia.
8208 (1) The holder must not undertake critical technology related study unless:
(a) the Minister is satisfied that there is not an unreasonable risk of an unwanted transfer of critical technology by the holder; and
(b) the Minister has approved in writing the holder undertaking that critical technology related study.
(2) Subclause (1) does not apply in relation to the intended course of study, or activities related to study in Australia, evidenced in the holder’s visa application.
(3) In this clause:
critical technology related study means:
(a) a postgraduate research course within the meaning of clause 500.111 of Schedule 2 that relates to critical technology; or
(b) a bridging course required as a prerequisite to a course mentioned in paragraph (a); or
(c) a thesis or research topic that:
(i) is for a postgraduate research course within the meaning of clause 500.111 of Schedule 2; and
(ii) relates to critical technology.
8301 After entry to Australia, the holder must satisfy relevant public interest criteria before the visa ceases.
8302 After entry to Australia, all relevant members of the family unit must satisfy the relevant public interest criteria before the visa ceases.
8303 The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.
8401 The holder must report:
(a) at the time or times; and
(b) at a place or in a manner;
specified, orally or in writing, by the Minister from time to time.
Note: Under regulation 2.25AF, a visa is taken to not be subject to this condition during any period in which the visa holder is:
(a) under arrest or detained in custody; or
(b) admitted as an in‑patient to receive treatment at a public or private hospital, registered mental health facility or other registered medical facility.
8402 The holder must report:
(a) within 5 working days of grant, to an office of Immigration; and
(b) to that office on the first working day of every week after reporting under paragraph (a).
8501 The holder must maintain adequate arrangements for health insurance while the holder is in Australia.
8502 The holder of the visa must not enter Australia before the entry to Australia of a person specified in the visa.
8503 The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.
8504 The holder must enter Australia as the holder of the visa to which the condition applies before a date specified by the Minister.
8505 The holder must continue to live at the address specified by the holder before grant of the visa.
8506 The holder must notify Immigration at least 2 working days in advance of any change in the holder’s address.
8507 The holder must, within the period specified by the Minister for the purpose:
(a) pay; or
(b) make an arrangement that is satisfactory to the Minister to pay;
the costs (within the meaning of Division 10 of Part 2 of the Act) of the holder’s detention.
8508 The holder must make a valid application for a visa of a class that can be granted in Australia, within the time specified by the Minister for the purpose.
Note: For the meaning of valid application see s 46 of the Act. Broadly, a valid application is one that is formally in order for consideration, not necessarily one that can be granted.
8509 Within 5 working days after the date of grant, the holder must:
(a) make a valid application for a substantive visa; or
(b) show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.
8510 Within the time specified by the Minister for the purpose, the holder must, either:
(a) show an officer a passport that is in force; or
(b) make an arrangement satisfactory to the Minister to obtain a passport.
8511 Within the time specified by the Minister for the purpose, the holder must, show an officer a ticket for travel to a country other than Australia that the Minister is satisfied will allow the holder to enter on his or her arrival.
8512 The holder must leave Australia by the date specified by the Minister for the purpose.
8513 The holder must notify Immigration of his or her residential address within 5 working days of grant.
8514 During the visa period of the visa, there must be no material change in the circumstances on the basis of which it was granted.
8515 The holder of the visa must not marry or enter into a de facto relationship before entering Australia.
8516 The holder must continue to be a person who would satisfy the primary or secondary criteria, as the case requires, for the grant of the visa.
8517 The holder must maintain adequate arrangements for the education of any school‑age dependant of the holder who is in Australia for more than 3 months as the holder of a student visa (as a person who has satisfied the secondary criteria).
8518 Adequate arrangements must be maintained for the education of the holder while he or she is in Australia.
8519 The holder must enter into the marriage in relation to which the visa was granted within the visa period of the visa.
8520 The relevant person who holds a Subclass 300 visa on the basis of having satisfied the primary criteria must enter into the marriage in relation to which that visa was granted within the visa period of that visa.
8522 The holder must leave Australia not later than the time of departure of the person:
(a) who has satisfied the primary criteria; and
(b) of whose family unit the holder is a member.
8523 Each person who:
(a) is a member of the family unit of the holder (being a spouse or de facto partner of the holder or an unmarried child of the holder who has not turned 18); and
(b) has satisfied the secondary criteria; and
(c) holds a student visa because of paragraphs (a) and (b);
must leave Australia not later than the time of departure of the holder.
8525 The holder must leave Australia by a specified means of transport on a specified day or within a specified period.
8526 The holder must notify the Secretary in writing, not earlier than 7 days before the day the visa ceases to be in effect, and not later than that day, of the holder’s place of residence in Australia by posting the notification to the Central Office of Immigration in the Australian Capital Territory.
8527 The holder must be free from tuberculosis at the time of travel to, and entry into, Australia.
8528 The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.
8529 The holder must, after entering Australia:
(a) undergo a medical examination carried out by:
(i) a Commonwealth Medical Officer; or
(ii) a medical practitioner approved by the Minister; or
(iii) a medical practitioner employed by an organisation approved by the Minister; and
(b) undergo a chest x‑ray examination conducted by a medical practitioner who is qualified as a radiologist in Australia, unless the holder:
(i) is under 11 years of age and is not a person in respect of whom a Commonwealth Medical Officer has requested such an examination; or
(ii) is a person:
(A) who is confirmed by a Commonwealth Medical Officer to be pregnant; and
(B) who has been examined for tuberculosis by a chest clinic officer employed by a health authority of a State or Territory; and
(C) who has signed an undertaking to place herself under the professional supervision of a health authority in a State or Territory and to undergo any necessary treatment; and
(D) whom the Minister is satisfied should not be required to undergo a chest x‑ray examination at this time.
8530 The holder must not deviate from the organised tour referred to in clause 600.252 of Schedule 2.
8531 The holder must not remain in Australia after the end of the period of stay permitted by the visa.
8532 If the holder has not turned 18:
(a) the holder must stay in Australia with a person who is:
(i) a parent of the holder or a person who has custody of the holder; or
(ii) a relative of the holder who:
(A) is nominated by a parent of the holder or a person who has custody of the holder; and
(B) has turned 21; and
(C) is of good character; or
(b) the arrangements for the holder’s accommodation, support and general welfare must be approved by the education provider for the course to which the holder’s visa relates, and the holder must not enter Australia before the day nominated by the education provider as the day on which those arrangements are to commence; or
(c) in the case that the holder is a Defence student—both:
(i) the arrangements for the holder’s accommodation, support and general welfare must be approved by the Defence Minister; and
(ii) the holder must not enter Australia before the day those arrangements are to commence; or
(d) in the case that the holder is a Foreign Affairs student—both:
(i) the arrangements for the holder’s accommodation, support and general welfare must be approved by the Foreign Minister; and
(ii) the holder must not enter Australia before the day those arrangements are to commence.
8533 The holder must:
(a) in the case of a holder who was outside Australia when the visa was granted, notify the education provider of the holder’s residential address in Australia within 7 days after arriving in Australia; and