Migration Amendment Regulations 2007 (No. 11) (Cth)

Migration Amendment Regulations 2007 (No. 11)¹

Select Legislative Instrument 2007 No. 275

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 6 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2007 (No. 11).

Commencement

These Regulations commence on 1 October 2007.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Transitional

(1)The amendments made by items [1] and [2] of Schedule 1 apply in relation to an application for approval as a sponsor made on or after 1 October 2007.

(2)The amendments made by items [3] to [5] of Schedule 1 apply in relation to the nomination of an activity made on or after 1 October 2007.

(3)The amendments made by items [6] and [7] of Schedule 1 apply in relation to an application for a visa:

(a)made, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 October 2007; or

(b)made on or after 1 October 2007.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 1.20C (1)

after

a person

insert

(other than a person to which subregulation (1A) applies)

[2] After subregulation 1.20C (1)

insert

(1A)This subregulation applies to a person if:

(a)the person’s business activities include activities relating to either or both of:

(i)the recruitment of labour for supply to other unrelated businesses; and

(ii)the hiring of labour to other unrelated businesses; and

(b)the person proposes to act as a standard business sponsor for the purpose of supplying to another unrelated business the services of an applicant for a visa in relation to a nominated activity.

Example

A person who proposes to sponsor a person to come to Australia for the purpose of hiring out the visa holder’s services, rather than to work directly in the person’s business.

[3] Paragraph 1.20G (1) (c)

after

sponsor

insert

(other than a person to which subregulation (3A) applies)

[4] After subregulation 1.20G (3)

insert

(3A)This subregulation applies to a standard business sponsor if:

(a)the sponsor’s business activities include activities relating to either or both of:

(i)the recruitment of labour for supply to other unrelated businesses; and

(ii)the hiring of labour to other unrelated businesses; and

(b)the proposed nominated activity is an activity in relation to which the sponsor proposes supplying the services of a sponsored visa holder to another unrelated business.

Example

A person who proposes to nominate an activity, in relation to which a sponsored visa holder would come to Australia, for the purpose of hiring out the visa holder’s services to another business, rather than to work directly in the person’s business.

[5] Subregulation 1.20GA (2)

omit

other than a sponsor whose business activities include recruitment or labour hire activities.

insert

other than a sponsor in relation to which:

(c)the sponsor’s business activities include activities relating to either or both of:

(i)the recruitment of labour for supply to other unrelated businesses; and

(ii)the hiring of labour to other unrelated businesses; and

(d)the proposed nominated activity is an activity in relation to which the sponsor proposes supplying the services of a sponsored visa holder to another unrelated business.

Example

A person who proposes to nominate an activity, in relation to which a sponsored visa holder would come to Australia, for the purpose of hiring out the visa holder’s services to another business, rather than to work directly in the person’s business.

[6] Schedule 2, after paragraph 457.223 (4) (b)

insert

(ba)if:

(i)the employer is a standard business sponsor; and

(ii)the employer’s business activities include activities relating to either or both of:

(A)the recruitment of labour for supply to other unrelated businesses; and

(B)the hiring of labour to other unrelated businesses;

the activity in which the applicant proposes to be employed in Australia must be an activity in the sponsor’s business, and must not be an activity that involves a position that would be supplied to another unrelated business, unless the nomination that was approved in relation to the activity was made before 1 October 2007; and

[7] Schedule 2, after paragraph 457.223 (5) (c)

insert

(ca)if:

(i)the employer is a standard business sponsor; and

(ii)the employer’s business activities include activities relating to either or both of:

(A)the recruitment of labour for supply to other unrelated businesses; and

(B)the hiring of labour to other unrelated businesses;

the activity in which the applicant proposes to be employed in Australia must be an activity in the sponsor’s business, and must not be an activity that involves a position that would be supplied to another unrelated business, unless the nomination that was approved in relation to the activity was made before 1 October 2007; and

Note

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