11Certain employees excluded

#### 11 Certain employees excluded For the purposes of paragraph 27(1)(d) of the Act, each of the following employees is a prescribed employee: (a) 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 granted under the Migration Act 1958; or (ii) a Subclass 400 (Temporary Work (Short Stay Specialist)) visa granted under that Act; (b) an employee who is the holder of a visa referred to in paragraph (a) if: (i) the employee holds a position as a senior executive of a company operating in Australia or 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; (c) an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 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 clause 482.212 of Schedule 2 to the Migration Regulations 1994 or in paragraph 457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18 March 2018); (d) an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 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 clause 482.212 of Schedule 2 to the Migration Regulations 1994 or in paragraph 457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18 March 2018); 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; (e) an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 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.