Migration Amendment Regulations 2007 (No. 5) (Cth)

Migration Amendment Regulations 2007 (No. 5)¹

Select Legislative Instrument 2007 No. 190

I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the 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 28 June 2007

MARIE BASHIR

Deputy for the Governor‑General

By Her Excellency’s Command

KEVIN ANDREWS

Minister for Immigration and Citizenship

Contents

1Name of Regulations                                            2

2Commencement                                                 2

3Amendment of Migration Regulations 1994                  2

4Amendment of Migration Regulations 1994                  3

5Amendment of Migration Regulations 1994                  3

6Amendment of Migration Regulations 1994                  3

7Amendment of Migration Regulations 1994                  4

8Amendment of Migration Regulations 1994                  4

Schedule 1Amendments relating to bridging visas 6

Schedule 2Amendments relating to border processing 8

Schedule 3Amendment relating to condition 8202 13

Schedule 4Amendments relating to condition 8206 14

Schedule 5Amendments relating to the Work and Holiday (Temporary) (Class US) visa 19

Schedule 6Amendments relating to Subclass 457 (Business (Long Stay)) visas 23

Name of Regulations

These Regulations are the Migration Amendment Regulations 2007 (No. 5).

Commencement

These Regulations commence on 1 July 2007.

Amendment of Migration Regulations 1994

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by 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 July 2007; or

(b)made on or after 1 July 2007.

Amendment of Migration Regulations 1994

(1)Schedule 2 amends the Migration Regulations 1994.

(2)The amendments made by items [1], [4], [5], [6], [7], [8], [9] and [10] of Schedule 2 apply in relation to an application for a Special Category (Temporary) (Class TY) visa made on or after 1 July 2007.

(3)The amendments made by items [2], [3] and [11] of Schedule 2 apply in relation to a person arriving in Australia on or after 1 July 2007.

Amendment of Migration Regulations 1994

(1)Schedule 3 amends the Migration Regulations 1994.

(2)The amendment made by Schedule 3 applies 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 July 2007; or

(b)made on or after 1 July 2007.

(3)The amendment made by Schedule 3 also applies in relation to a visa granted before 1 July 2007, but only in relation to a breach of a visa condition that occurred on or after 1 July 2007.

Amendment of Migration Regulations 1994

(1)Schedule 4 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 4 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 July 2007; or

(b)made on or after 1 July 2007.

(3)If a visa to which condition 8206 applied was granted before 1 July 2007, condition 8206 is taken not to apply in relation to that visa on and after 1 July 2007.

Amendment of Migration Regulations 1994

(1)Schedule 5 amends the Migration Regulations 1994.

(2)The amendments made by Schedule 5 apply in relation to an application for a visa made on or after 1 July 2007.

(3)Despite the amendment of a provision of the Migration Regulations 1994 mentioned in item [11] of Schedule 5, a Gazette Notice that was:

(a)made for that provision; and

(b)in effect immediately before 1 July 2007;

is taken to continue in effect, on and after 1 July 2007, as if it were an instrument made for the provision as amended by item [11].

Amendment of Migration Regulations 1994

(1)Schedule 6 amends the Migration Regulations 1994.

(2)The amendments made by Part 1 of Schedule 6 apply in relation to an application for a visa made on or after 1 July 2007.

(3)The amendments made by Part 2 of Schedule 6 apply in relation to:

(a)an application for approval as a standard business sponsor:

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

(ii)made on or after 1 July 2007; and

(b)a nomination of a business activity:

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

(ii)made on or after 1 July 2007; and

(c)an application for a visa:

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

(ii)made on or after 1 July 2007.

Schedule 1 Amendments relating to bridging visas

(regulation 3)

[1] Schedule 2, after subclause 010.611 (3A)

insert

(3B) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 010.211 (2) or (3) on the basis of a valid application for:

(a)a Skilled — Independent Overseas Student (Class DD) visa; or

(b)a Skilled — Australian‑sponsored Overseas Student (Class DE) visa;

Nil.

[2] Schedule 2, subclauses 020.611 (3) and (3A)

substitute

(3) In the case of a visa granted to a person who meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for:

(a)a Graduate — Skilled (Temporary) (Class UQ) visa; or

(b)a Skilled — Independent Regional (Provisional) (Class UX) visa in relation to which the applicant met the requirements for subitem 1218A (5) of Schedule 1;

8501.

(4) In the case of a visa granted to a non‑citizen who meets the requirements of subclause 020.212 (2) or (3) on the basis of a valid application for:

(a)a Skilled — Independent Overseas Student (Class DD) visa; or

(b)a Skilled — Australian‑sponsored Overseas Student (Class DE) visa;

Nil.

(5) In any other case — whichever of conditions 8101, 8102, 8103, 8104, 8105, 8107, 8108, 8111, 8112 and 8547 applies to the bridging visa held by the holder at the time of application.

Schedule 2 Amendments relating to border processing

(regulation 4)

[1] After paragraph 2.16 (2) (a)

insert

(aa)if the visa:

(i)is a special category visa; and

(ii)has been granted using an authorised system in accordance with an arrangement made under subsection 495A (1) of the Act — by a general notice in immigration clearance.

[2] Subregulations 3.03 (2), (3) and (4)

substitute

(2)For subsection 166 (3) of the Act, an Australian citizen who is required to comply with section 166 of the Act must provide a completed passenger card to a clearance officer.

(3)For subsection 166 (3) of the Act, a non‑citizen who is required to comply with section 166 of the Act must:

(a)if the non‑citizen is taken to hold a special purpose visa:

(i)provide a completed passenger card to a clearance officer where required by Part 1 of Schedule 9; and

(ii)present to a clearance authority:

(A)if the non‑citizen is a person who is registered for an automated identification processing system — evidence of his or her identity using the system; or

(B)evidence of the person’s identity, as specified in Part 1 of Schedule 9; and

(b)if the non‑citizen is eligible to hold a special category visa:

(i)present a New Zealand passport that is in force to a clearance authority; and

(ii)provide a completed passenger card to a clearance officer; and

(c)if the non‑citizen has the right of permanent residence on Norfolk Island:

(i)present a passport that is:

(A)in force; and

(B)endorsed with an authority to reside indefinitely on Norfolk Island;

to a clearance officer; and

(ii)provide a completed passenger card to a clearance officer; and

(d)if the non‑citizen holds an Electronic Travel Authority (Class UD) visa:

(i)present evidence of the person’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

(ii)provide a completed passenger card to a clearance officer; and

(e)if the non‑citizen is a person mentioned in paragraph 1223A (1) (c) of Schedule 1 who holds a Temporary Business Entry (Class UC) visa:

(i)present evidence of the person’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

(ii)provide a completed passenger card to a clearance officer; and

(f)if the non‑citizen holds a Subclass 417 (Working Holiday) or Subclass 676 (Tourist) visa granted on the basis of an Internet application:

(i)present evidence of the person’s identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

(ii)provide a completed passenger card to a clearance officer.

Note Internet application is defined in regulation 1.03.

(4)For subsection 166 (3) of the Act, a non‑citizen who is required to comply with section 166 of the Act, other than a non‑citizen mentioned in subregulation (3), must:

(a)present his or her passport to a clearance authority; and

(b)if his or her visa is evidenced by a label and a clearance officer asks for the label to be shown — present the label to a clearance officer; and

(c)provide a completed passenger card to a clearance officer.

[3] Regulation 3.03A, note

substitute

Note Under paragraph 166 (1) (c) of the Act, if a person who is a non‑citizen enters Australia in prescribed circumstances, the person must comply with any requirement, made by a clearance authority before the occurrence of an event mentioned in subparagraph 172 (1) (a) (iii) or (b) (iii) or paragraph 172 (1) (c) of the Act, to provide one or more personal identifiers, referred to in subsection 166 (5) of the Act, to a clearance officer.

[4] Paragraph 5.15A (a)

omit

shown

insert

presented

[5] Schedule 1, subitem 1219 (1)

substitute

(1)Form: 15 (unless the application is made using an authorised system, in which case no form is required).

[6] Schedule 1, paragraph 1219 (3) (b)

substitute

(b)The applicant must present a New Zealand passport that is in force to an officer or a clearance authority.

[7] Schedule 1, after paragraph 1219 (3) (c)

insert

(d)If the application is made using an authorised system, the applicant must answer the health and character questions asked by the authorised system.

[8] Schedule 2, Division 444.2, note, first paragraph

omit

shown an officer

insert

presented to an officer or an authorised system

[9] Schedule 2, Division 444.2, note, fourth paragraph

omit

shown an officer

insert

presented to an officer

[10] Schedule 2, Division 444.7

substitute

444.7 Way of giving evidence

444.711No evidence need be given.

444.712If evidence is given, to be given as follows:

(a)if the grant is made in immigration clearance — by a port and date stamp placed in the passport of the holder;

(b)if the grant is made in Australia after immigration clearance — by a special category visa holder stamp placed in the passport of the holder;

(c)if the grant is made at an airport outside Australia at which pre‑clearance procedures are carried out — by a pre‑cleared stamp placed in the passport of the holder.

[11] Additional amendments

Provision	omit	insert
Paragraph 3.01 (3) (b)	give	provide
Subregulation 3.03 (1)	given to a clearance officer	provided to a clearance authority
Subregulation 3.03 (1), note	give	present
Subregulation 3.03 (1A)	paragraph 166 (1) (aa)	paragraph 166 (1) (c)
Subregulation 3.03 (1B)	subsection 166 (1C)	subsection 166 (8)
Subregulation 3.03 (1B), note	subsection 166 (1C)	subsection 166 (8)
Subregulation 3.03 (1B), note	subsection 166 (1B)	subsection 166 (7)
Regulation 3.03A	paragraph 166 (1AA) (d)	paragraph 166 (5) (d)

Schedule 3 Amendment relating to condition 8202

(regulation 5)

[1] Schedule 8, subclause 8202 (3)

substitute

(3) A holder meets the requirements of this subclause if neither of the following applies:

(a)the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course progress for:

(i)section 19 of the Education Services for Overseas Students Act 2000; and

(ii)standard 10 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007;

(b)the education provider has certified the holder, for a registered course undertaken by the holder, as not achieving satisfactory course attendance for:

(i)section 19 of the Education Services for Overseas Students Act 2000; and

(ii)standard 11 of the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007.

Schedule 4 Amendments relating to condition 8206

(regulation 6)

[1] Subparagraph 1.42 (6) (c) (i)

omit

, the application for which was made on form 157C

[2] Sub‑subparagraph 1.42 (6) (d) (ii) (A)

omit

, the application for which was made on form 157C

[3] Subparagraph 1.42 (6) (e) (i)

omit

, the application for which was made on form 157C

[4] Schedule 1, paragraph 1222 (1) (c)

omit

[5] Schedule 1, subparagraph 1222 (2) (a) (iii)

omit

[6] Schedule 1, paragraph 1222 (3) (c)

omit

, 157C

[7] Schedule 1, subitem 1301 (1)

omit

, 157C

[8] Schedule 2, subparagraph 570.211 (5) (a) (i)

omit

that is subject to condition 8206

[9] Schedule 2, subparagraph 570.211 (5) (a) (ii)

substitute

(ii)is the holder of a Subclass 572 visa granted on the basis that the applicant proposed to commence, or had commenced, an ELICOS as a principal course; and

[10] Schedule 2, paragraph 570.211 (5) (b)

omit

[11] Schedule 2, paragraph 570.211 (6) (a)

omit

that is subject to condition 8206

[12] Schedule 2, paragraph 570.611 (1) (c)

omit

[13] Schedule 2, subclause 570.611 (3)

omit

[14] Schedule 2, subclause 571.211 (5)

omit

[15] Schedule 2, paragraph 571.211 (6) (a)

omit

that is subject to condition 8206

[16] Schedule 2, paragraph 571.611 (1) (c)

omit

[17] Schedule 2, subclause 571.611 (3)

omit

[18] Schedule 2, subclause 572.211 (5)

omit

[19] Schedule 2, paragraph 572.211 (6) (a)

omit

that is subject to condition 8206

[20] Schedule 2, paragraph 572.611 (1) (c)

omit

[21] Schedule 2, subclause 572.611 (3)

omit

[22] Schedule 2, subclause 573.211 (5)

omit

[23] Schedule 2, paragraph 573.211 (6) (a)

omit

that is subject to condition 8206

[24] Schedule 2, paragraph 573.611 (1) (c)

omit

[25] Schedule 2, subclause 573.611 (3)

omit

[26] Schedule 2, subclause 574.211 (5)

omit

[27] Schedule 2, paragraph 574.211 (6) (a)

omit

that is subject to condition 8206

[28] Schedule 2, paragraph 574.611 (1) (c)

omit

[29] Schedule 2, subclause 574.611 (3)

omit

[30] Schedule 2, subclause 575.211 (5)

omit

[31] Schedule 2, paragraph 575.211 (6) (a)

omit

that is subject to condition 8206

[32] Schedule 2, paragraph 575.611 (1) (c)

omit

[33] Schedule 2, subclause 575.611 (3)

omit

[34] Schedule 2, subclause 576.211 (5)

omit

[35] Schedule 8, condition 8206

omit

Schedule 5 Amendments relating to the Work and Holiday (Temporary) (Class US) visa

(regulation 7)

[1] Schedule 1, subparagraph 1224A (3) (b) (ii)

omit

a Subclass 462 (Work and Holiday) visa; and

insert

a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and

[2] Schedule 1, subparagraph 1224A (3) (b) (iii)

substitute

(iii)unless the applicant is a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph — provide evidence that the applicant has the support for the grant of the visa from the government of the foreign country mentioned in paragraph (a).

[3] Schedule 1, subparagraph 1224A (3) (c) (iii)

substitute

(iii)be a member of a class of persons specified by the Minister, by an instrument in writing, for this subparagraph.

[4] Schedule 2, clause 462.211

substitute

462.211If the applicant:

(a)does not hold a Subclass 462 (Work and Holiday) visa; and

(b)is not a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A (3) (b) (iii) of Schedule 1;

the applicant satisfies the criteria in clauses 462.212, 462.213, 462.215, 462.216 and 462.217.

462.211AIf:

(a)the applicant holds a Subclass 462 (Work and Holiday) visa; or

(b)the applicant:

(i)does not hold a Subclass 462 (Work and Holiday) visa; and

(ii)is a member of a class of persons specified by the Minister, by an instrument in writing, for subparagraph 1224A (3) (b) (iii) of Schedule 1;

the applicant satisfies the criteria in clause 462.212 and clauses 462.214 to 462.217.

462.212The applicant is at least 18 but has not turned 31.

[5] Schedule 2, after clause 462.213

insert

462.214The applicant holds a valid passport issued by a foreign country specified in an instrument in writing made under paragraph 1224A (3) (a) of Schedule 1.

[6] Schedule 2, clause 462.216

omit

a Gazette Notice

insert

an instrument in writing

[7] Schedule 2, subparagraph 462.217 (b) (ii)

omit

holiday; and

insert

holiday.

[8] Schedule 2, paragraph 462.217 (c)

omit

[9] Schedule 2, clause 462.613

after

condition 8540

insert

may be imposed

[10] Schedule 2, clause 462.614

after

condition 8503

insert

may be imposed

[11] Additional amendments

Provision	omit	insert
Schedule 1, paragraph 1224A (3) (a)	a Gazette Notice	an instrument in writing
Schedule 1, paragraph 1224A (3) (aa)	a Gazette Notice	an instrument in writing
Schedule 2, paragraph 462.221 (c)	a Gazette Notice	an instrument in writing

Schedule 6 Amendments relating to Subclass 457 (Business (Long Stay)) visas

(regulation 8)

Part 1 Criteria relating to English language proficiency for Subclass 457 visas

[1] Schedule 2, after paragraph 457.223 (4) (e)

insert

(ea)if:

(i)the applicant would be required to hold a licence, registration or membership that is mandatory for the performance of the activity nominated in relation to the applicant; and

(ii)in order to obtain the licence, registration or membership, the applicant would need to demonstrate a level of English language proficiency equivalent to the level of English language proficiency that is required to achieve an IELTS test average band score of more than 4.5 based on the 4 test components of speaking, reading, writing and listening;

the applicant has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership; and

(eb)if:

(i)the applicant is not an exempt applicant; and

(ii)subclause (6) does not apply to the applicant; and

(iii)at least 1 of subparagraphs (ea) (i) and (ii) does not apply;

the applicant has a level of English language proficiency equivalent to at least the level of English language proficiency that is required to achieve an IELTS test average band score of 4.5 based on the 4 test components of speaking, reading, writing and listening; and

(ec)the applicant demonstrates, if so required by the Minister, his or her English language proficiency; and

[2] Schedule 2, after paragraph 457.223 (5) (f)

insert

(fa)if:

(i)the applicant would be required to hold a licence, registration or membership that is mandatory for the performance of the activity nominated in relation to the applicant; and

(ii)in order to obtain the licence, registration or membership, the applicant would need to demonstrate a level of English language proficiency equivalent to the level of English language proficiency that is required to achieve an IELTS test average band score of more than 4.5 based on the 4 test components of speaking, reading, writing and listening;

the applicant has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership; and

(fb)if:

(i)the applicant is not an exempt applicant; and

(ii)subclause (6) does not apply to the applicant; and

(iii)at least 1 of subparagraphs (fa) (i) and (ii) does not apply;

the applicant has a level of English language proficiency equivalent to at least the level of English language proficiency that is required to achieve an IELTS test average band score of 4.5 based on the 4 test components of speaking, reading, writing and listening; and

(fc)the applicant demonstrates, if so required by the Minister, his or her English language proficiency; and

[3] Schedule 2, after subclause 457.223 (5)

insert

(6) This subclause applies to an applicant if:

(a)the applicant will be paid, in connection with the activity nominated in relation to the applicant, a level of salary that is at least the level of salary worked out in a way specified by the Minister in an instrument in writing for this paragraph; and

(b)the Minister considers that granting a Subclass 457 visa to the applicant would be in the interests of Australia.

[4] Schedule 2, after subclause 457.223 (10)

insert

(11) In subclauses (4) and (5):

exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for this subclause.

Part 2 Amendments relating to approval of sponsors, nominations and approved sponsors for Subclass 457 visas

[5] Subregulation 1.20D (2)

omit

The Minister

insert

Subject to subregulations (2A) and (2B), the Minister

[6] Paragraph 1.20D (2) (d)

omit

[7] After subregulation 1.20D (2)

insert

(2A)Subject to subregulation (2B), the Minister must not approve the application if:

(a)the Minister is aware that adverse information is known to Immigration about the business background of:

(i)the applicant for approval; or

(ii)any officer or other senior or responsible person of any of the entities that constitute the applicant for approval; or

(iii)any individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the applicant for approval; or

(b)the Minister is aware that:

(i)the applicant for approval is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; or

(ii)an officer or other senior or responsible person of any of the entities that constitute the applicant for approval is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; or

(iii)an individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the applicant for approval is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory;

(2B)The Minister may approve the application, despite subregulation (2A), if he or she considers it reasonably appropriate to do so.

[8] Subregulation 1.20D (3)

omit

In subparagraph (2) (d) (ii)

insert

In subparagraphs (2A) (a) (ii) and (b) (ii)

[9] Subregulation 1.20DA (2)

omit

The Minister

substitute

Subject to subregulations (2A) and (2B), the Minister

[10] Paragraph 1.20DA (2) (c)

omit

[11] After subregulation 1.20DA (2)

insert

(2A)Subject to subregulation (2B), the Minister must not approve the application if:

(a)the Minister is aware that adverse information is known to Immigration about the business background of:

(i)the applicant for approval; or

(ii)any officer or other senior or responsible person of any of the entities that constitute the applicant for approval; or

(iii)any individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the applicant for approval; or

(b)the Minister is aware that:

(i)the applicant for approval is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; or

(ii)an officer or other senior or responsible person of any of the entities that constitute the applicant for approval is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; or

(iii)an individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the applicant for approval is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory;

(2B)The Minister may approve the application, despite subregulation (2A), if he or she considers it reasonably appropriate to do so.

(2C)In subparagraphs (2A) (a) (ii) and (b) (ii):

officer, for a corporation, means an officer of the corporation within the meaning of the Corporations Act 2001.

[12] Subregulation 1.20H (1)

omit

The Minister must

insert

Subject to subregulations (1A) and (1B), the Minister must

[13] After subregulation 1.20H (1)

insert

(1A)Subject to subregulation (1B), the Minister must not approve a nomination if:

(a)the Minister is aware that adverse information is known to Immigration about the business background of:

(i)the sponsor; or

(ii)any officer or other senior or responsible person of any of the entities that constitute the sponsor; or

(iii)any individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the sponsor; or

(b)the Minister is aware that:

(i)the sponsor is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; or

(ii)an officer or other senior or responsible person of any of the entities that constitute the sponsor is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; or

(iii)an individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the sponsor is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory;

(1B)The Minister may approve a nomination, despite subregulation (1A), if he or she considers it reasonably appropriate to do so.

(1C)In subparagraphs (1A) (a) (ii) and (b) (ii):

officer, for a corporation, means an officer of the corporation within the meaning of the Corporations Act 2001.

[14] Schedule 2, subclause 457.111 (1), after definition of approved business nomination

insert

officer, for a corporation, means an officer of the corporation within the meaning of the Corporations Act 2001.

[15] Schedule 2, paragraph 457.223 (4) (i)

omit

the Act.

insert

the Act; and

[16] Schedule 2, after paragraph 457.223 (4) (i)

insert

(j)subject to clause 457.223A, the Minister is satisfied that nothing adverse is known to Immigration about the business background of:

(i)the approved sponsor mentioned in paragraph 457.223 (4) (i); or

(ii)any officer or other senior or responsible person of any of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (4) (i); or

(iii)any individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (4) (i); and

(k)subject to clause 457.223A, the Minister is satisfied that:

(i)the approved sponsor mentioned in paragraph 457.223 (4) (i) is not under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; and

(ii)no officer or other senior or responsible person of any of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (4) (i) is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; and

(iii)no individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (4) (i):

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory.

[17] Schedule 2, paragraph 457.223 (5) (j)

omit

the Act.

insert

the Act; and

[18] Schedule 2, after paragraph 457.223 (5) (j)

insert

(k)subject to clause 457.223A, the Minister is satisfied that nothing adverse is known to Immigration about the business background of:

(i)the approved sponsor mentioned in paragraph 457.223 (5) (j); or

(ii)any officer or other senior or responsible person of any of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (5) (j); or

(iii)any individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (5) (j); and

(l)subject to clause 457.223A, the Minister is satisfied that:

(i)the approved sponsor mentioned in paragraph 457.223 (5) (j) is not under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; and

(ii)no officer or other senior or responsible person of any of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (5) (j) is under investigation or subject to legal action in relation to:

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory; and

(iii)no individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the approved sponsor mentioned in paragraph 457.223 (5) (j):

(A)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(B)an alleged breach of a law of the Commonwealth or a State or Territory.

[19] Schedule 2, after clause 457.223

insert

457.223AThe Minister may waive any of the requirements of:

(a)paragraph 457.223 (4) (j) or (k); or

(b)paragraph 457.223 (5) (k) or (l);

if he or she considers it reasonably appropriate to do so.

[20] Schedule 2, after clause 457.324A

insert

457.324BSubject to clause 457.324C, the Minister is satisfied that:

(a)nothing adverse is known to Immigration about the business background of:

(i)the approved sponsor mentioned in clause 457.324A; or

(ii)any officer or other senior or responsible person of any of the entities that constitute the approved sponsor mentioned in clause 457.324A; or

(iii)any individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the approved sponsor mentioned in clause 457.324A; and

(b)the approved sponsor mentioned in clause 457.324A is not under investigation or subject to legal action in relation to:

(i)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(ii)an alleged breach of a law of the Commonwealth or a State or Territory; and

(c)no officer or other senior or responsible person of any of the entities that constitute the approved sponsor mentioned in clause 457.324A is under investigation or subject to legal action in relation to:

(i)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(ii)an alleged breach of a law of the Commonwealth or a State or Territory; and

(d)no individual who is a member of a partnership or unincorporated association that is 1 of the entities that constitute the approved sponsor mentioned in clause 457.324A is under investigation or subject to legal action in relation to:

(i)an alleged breach of an undertaking given for the purposes of Division 3A of Part 2 of the Act; or

(ii)an alleged breach of a law of the Commonwealth or a State or Territory.

457.324CThe Minister may waive any of the requirements of clause 457.324B if he or she considers it reasonably appropriate to do so.

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See