7Certain employees and payments excluded

7 Certain employees and payments excluded

(1) For the purposes of paragraph 27 (1) (d) of the Act, each of the following employees is a prescribed employee: (a) an employee who is the holder of an executive (overseas) visa or entry permit (code number 413) granted under the Migration Regulations as in force in the period from the beginning of 19 December 1989 to the end of 31 January 1993; (b) an employee who is the holder of a Class 413 (executive (overseas)) visa or entry permit granted under the Migration (1993) Regulations; (c) an employee who has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager and who is the holder of: (i) a Subclass 456 (Business (Short Stay)) visa; or (ii) a Subclass 956 (Electronic Travel Authority) (Business Entrant—Long Validity)) visa; or (iii) a Subclass 977 (Electronic Travel Authority) (Business Entrant—Short Validity)) visa; (d) an employee who is the holder of a visa referred to in paragraph (c) if: (i) the employee: (A) holds a position as a senior executive of a company operating in Australia; or (B) is establishing a business activity in Australia on behalf of the employer; and (ii) the employee’s position carries substantial executive responsibility; and (iii) the employee’s qualifications for the position are appropriate; and (iv) the employee’s position is a full‑time position; (e) an employee who is the holder of a Subclass 457 (Business (Long Stay)) visa if: (i) the employee has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager; and (ii) the employee was nominated as mentioned in paragraph 457.223 (2) (c), (4) (d) or (5) (d) of Schedule 2 to the Migration Regulations 1994 or identified as mentioned in subparagraph 457.223 (3) (b) (i) of that Schedule; (f) an employee who is the holder of a Subclass 457 (Business (Long Stay)) visa if: (i) the employee holds a position as a senior executive of a company operating in Australia; and (ii) the employee was nominated as mentioned in paragraph 457.223 (2) (c), (4) (d) or (5) (d) of Schedule 2 to the Migration Regulations 1994 or identified as mentioned in subparagraph 457.223 (3) (b) (i) of that Schedule; and (iii) the employee’s position carries substantial executive responsibility; and (iv) the employee’s qualifications for the position are appropriate; and (v) the employee’s position is a full‑time position; (g) an employee who is the holder of a Subclass 457 (Business (Long Stay)) visa if: (i) the employee is establishing a business activity in Australia on behalf of the employer; and (ii) the employee’s position carries substantial executive responsibility; and (iii) the employee’s qualifications for the position are appropriate; and (iv) the employee’s position is a full‑time position. (2) For the purposes of paragraph 27 (1) (e) of the Act, payments of salary or wages made under the employment program of the Commonwealth that is known as the Community Development Employment Program are prescribed.