Migration Amendment Regulations 2009 (No. 5) Amendment Regulations 2009 (No. 1) (Cth)

Migration Amendment Regulations 2009 (No. 5) Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 203

I, QUENTIN BRYCE, 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 12 August 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2009 (No. 5) Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Migration Amendment Regulations 2009 (No. 5)

Schedule 1 amends the Migration Amendment Regulations 2009 (No. 5).

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 3 (2)

substitute

(2)The amendments made by Schedule 1 apply in relation to:

(a)a work agreement:

(i)entered into before 14 September 2009 and continuing in effect on 14 September 2009; or

(ii)entered into on or after 14 September 2009; and

(b)an application for approval as:

(i)a sponsor under section 140E of the Migration Act 1958, as in force immediately before 14 September 2009, made but not finally determined (within the meaning of subsection 5 (9) of that Act) before 14 September 2009, in relation to an applicant for a Subclass 457 (Business (Long Stay)) visa or a Subclass 470 (Professional Development) visa; or

(ii)a standard business sponsor or a professional development sponsor made on or after 14 September 2009; and

(c)an application for approval as a temporary work sponsor (within the meaning given in regulation 1.03 of the Migration Regulations 1994) made on or after 14 September 2009; and

(d)an application for approval of a nomination of an activity made under regulation 1.20G or 1.20GA of the Migration Regulations 1994 as in force immediately before 14 September 2009, but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 14 September 2009; and

(e)a nomination of an occupation, a program or an activity made on or after 14 September 2009; and

(f)an application made on or after 14 September 2009 for 1 of the following visas:

(i)a Subclass 411 (Exchange) visa;

(ii)a Subclass 415 (Foreign Government Agency) visa;

(iii)a Subclass 416 (Special Program) visa;

(iv)a Subclass 419 (Visiting Academic) visa;

(v)a Subclass 420 (Entertainment) visa;

(vi)a Subclass 421 (Sport) visa;

(vii)a Subclass 422 (Medical Practitioner) visa;

(viii)a Subclass 423 (Media and Film Staff) visa;

(ix)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;

(x)a Subclass 428 (Religious Worker) visa;

(xi)a Subclass 442 (Occupational Trainee) visa;

(xii)a Subclass 470 (Professional Development) visa;

(xiii)a Subclass 488 (Superyacht Crew) visa;

(xiv)a Subclass 571 (Schools Sector) visa;

(xv)a Subclass 572 (Vocational Education and Training Sector) visa;

(xvi)a Subclass 573 (Higher Education Sector) visa;

(xvii)a Subclass 574 (Postgraduate Research Sector) visa.

(2A)The amendments made by Schedule 1 do not apply in relation to an application for approval as a sponsor under regulation 1.20AA made on or after 14 September 2009 if the sponsorship is in relation to a visa application made before 14 September 2009.

[2] After Subregulation 3 (4)

insert before the note

(5)The amendment made by item [160] of Schedule 1 applies in relation to:

(a)a Subclass 457 (Business (Long Stay)) visa:

(i)that is in force on 14 September 2009; and

(ii)on which condition 8107 is imposed; and

(b)a visa:

(i)that is granted on or after 14 September 2009; and

(ii)on which condition 8107 is imposed.

[3] Schedule 1, after item [1]

insert

[1A]Regulation 1.03, definition of approved special student sponsor

substitute

Arts Minister means the Minister responsible for administering the National Gallery Act 1975.

[1B]Regulation 1.03, after definition of designated security

insert

domestic worker sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the domestic worker sponsor class by the Minister under subsection 140E (1) of the Act.

[1C]Regulation 1.03, after definition of Employment Minister

insert

entertainment sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the entertainment sponsor class by the Minister under subsection 140E (1) of the Act.

[1D]Regulation 1.03, after definition of eVisitor eligible passport

insert

exchange sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the exchange sponsor class by the Minister under subsection 140E (1) of the Act.

[1E]Regulation 1.03, after definition of foreign armed forces dependant

insert

foreign government agency sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the foreign government agency sponsor class by the Minister under subsection 140E (1) of the Act.

[1F]Regulation 1.03, definition of labour agreement

substitute

labour agreement means a formal agreement entered into between:

(a)the Minister, or the Employment Minister; and

(b)a person or organisation in Australia;

under which an employer is authorised to recruit persons to be employed by that employer in Australia.

[1G]Regulation 1.03, definition of net employment benefit

omit

[1H]Regulation 1.03, definition of occupational trainee

omit

[1I]Regulation 1.03, after definition of Occupations Requiring English List

insert

occupational trainee means a person who is in Australia as the holder of a Subclass 442 (Occupational Trainee) visa.

occupational trainee sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the occupational trainee sponsor class by the Minister under subsection 140E (1) of the Act.

[4] Schedule 1, item [2], before proposed definition of professional development sponsor

insert

primary sponsored person has the meaning given by subregulation 2.57 (1).

[5] Schedule 1, item [2], proposed definition of professional development sponsor, paragraph (b)

after

class

insert

by the Minister under subsection 140E (1) of the Act

[6] Schedule 1, after item [2]

insert

[2A]Regulation 1.03, definition of religious institution

substitute

religious institution means a body:

(a)the activities of which reflect that it is a body instituted for the promotion of a religious object; and

(b)the beliefs and practices of the members of which constitute a religion due to those members:

(i)believing in a supernatural being, thing or principle; and

(ii)accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws; and

(c)that meets the requirements of section 50-50 of the Income Tax Assessment Act 1997; and

(d)the income of which is exempt from income tax under section 50-1 of that Act.

religious worker sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the religious worker sponsor class by the Minister under subsection 140E (1) of the Act.

[2B]Regulation 1.03, after definition of secondary exchange student

insert

secondary sponsored person has the meaning given by subregulation 2.57 (1).

[2C]Regulations 1.03, after definition of SOFA forces member

insert

special program sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the special program sponsor class by the Minister under subsection 140E (1) of the Act.

[2D]Regulation 1.03, after definition of sponsorship

insert

sport sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the sport sponsor class by the Minister under subsection 140E (1) of the Act.

[7] Schedule 1, item [3], proposed definition of standard business sponsor, not including the notes

substitute

standard business sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the standard business sponsor class by the Minister under subsection 140E (1) of the Act.

[8] Schedule 1, after item [3]

insert

[3A]Regulation 1.03, after definition of superyacht

insert

superyacht crew sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the superyacht crew sponsor class by the Minister under subsection 140E (1) of the Act.

[3B]Regulation 1.03, after definition of temporary entry permit

insert

temporary work sponsor means any of the following:

(a)an exchange sponsor;

(b)a foreign government agency sponsor;

(c)a special program sponsor;

(d)a visiting academic sponsor;

(e)an entertainment sponsor;

(f)a sport sponsor;

(g)a domestic worker sponsor;

(h)a religious worker sponsor;

(i)an occupational trainee sponsor;

(j)a superyacht crew sponsor.

[3C]Regulation 1.03, after definition of transit passenger

insert

visiting academic sponsor means a person who:

(a)is an approved sponsor; and

(b)is approved as a sponsor in relation to the visiting academic sponsor class by the Minister under subsection 140E (1) of the Act.

[3D]Regulation 1.12A

omit

[9] Schedule 1, after item [5]

insert

[5A]Paragraph 1.20 (2) (b)

omit

, Extended Eligibility (Temporary) (Class TK), Sponsored Training (Temporary) (Class UV) or Superyacht Crew (Temporary) (Class UW)

insert

or Extended Eligibility (Temporary) (Class TK)

[5B]Subparagraph 1.20 (2) (e) (ii)

omit

granted;

insert

granted.

[5C]Paragraph 1.20 (2) (f)

omit

[5D]After paragraph 1.20 (4) (e)

insert

(ea)Cultural/Social (Temporary) (Class TE);

(eb)Domestic Worker (Temporary) (Class TG);

(ec)Educational (Temporary) (Class TH);

[5E]After paragraph 1.20 (4) (f)

insert

(fa)Sponsored Training (Temporary) (Class UV);

(fb)Superyacht Crew (Temporary) (Class UW).

[5F]Subregulation 1.20 (4), note

omit

[5G]Subregulation 1.20 (5)

omit

[5H]Subregulation 1.20AA (1)

substitute

(1)This regulation applies to a Subclass 422 (Medical Practitioner) visa.

[5I]Subregulation 1.20AA (2)

omit

a school, foreign government agency or

[10] Schedule 1, after item [8]

insert

[8A]After paragraph 2.43 (1) (i)

insert

(ia)in the case of a holder of:

(i)a Subclass 411 (Exchange) visa; or

(ii)a Subclass 415 (Foreign Government Agency) visa; or

(iii)a Subclass 416 (Special Program) visa; or

(iv)a Subclass 419 (Visiting Academic) visa; or

(v)a Subclass 420 (Entertainment) visa; or

(vi)a Subclass 421 (Sport) visa; or

(vii)a Subclass 423 (Media and Film Staff) visa; or

(viii)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or

(ix)a Subclass 428 (Religious Worker) visa; or

(x)a Subclass 442 (Occupational Trainee) visa; or

(xi)a Subclass 488 (Superyacht Crew) visa;

that the grounds in subregulation (1A) are met; or

[8B]Paragraphs 2.43 (1) (l), (la) and (lb)

substitute

(kb)in the case of the holder of Subclass 457 (Business (Long Stay)) visa that was granted on the basis that the applicant met the requirements of subregulation 457.223 (4) — that, despite the grant of the visa, the Minister is satisfied that:

(i)the holder did not have a genuine intention to perform the occupation mentioned in paragraph 457.223 (4) (d) at the time of grant of the visa; or

(ii)the holder has ceased to have a genuine intention to perform that occupation; or

(iii)the position associated with the nominated occupation is not genuine;

(l)in the case of the holder of a Subclass 457 (Business (Long Stay)) visa who is a primary sponsored person in relation to a person who is, or was, a standard business sponsor or party to a labour agreement (the sponsor) — that:

(i)the sponsor has not complied, or is not complying, with the undertaking given by the business sponsor in accordance with approved form 1067, 1196 or 1196 (Internet); or

(ii)the sponsor has given false or misleading information to Immigration or the Migration Review Tribunal in relation to:

(A)the application (if any) under regulation 1.20C for approval as a standard business sponsor; or

(B)any other matter relating to the business sponsor; or

(iii)the sponsor has failed to satisfy a sponsorship obligation; or

(iv)the sponsor has been cancelled or barred under section 140M of the Act; or

(v)the labour agreement has been terminated, has been suspended or has ceased;

(la)in the case of the holder of a Subclass 457 (Business (Long Stay)) visa who was granted the visa on the basis of a nomination of an activity under regulation 1.20GA as in force immediately before 14 September 2009 — that the holder is living or working within an area specified by the Minister in an instrument in writing for this paragraph;

(lc)in the case of a holder of:

(i)a Subclass 411 (Exchange) visa; or

(ii)a Subclass 415 (Foreign Government Agency) visa; or

(iii)a Subclass 416 (Special Program) visa; or

(iv)a Subclass 419 (Visiting Academic) visa; or

(v)a Subclass 420 (Entertainment) visa; or

(vi)a Subclass 421 (Sport) visa; or

(vii)a Subclass 423 (Media and Film Staff) visa; or

(viii)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or

(ix)a Subclass 428 (Religious Worker) visa; or

(x)a Subclass 442 (Occupational Trainee) visa; or

(xi)a Subclass 488 (Superyacht Crew) visa;

who is a primary sponsored person in relation to a person who is or was an approved sponsor — that 1 of the grounds specified in subregulation (1B) is met;

(ld)in the case of a holder of:

(i)a Subclass 411 (Exchange) visa; or

(ii)a Subclass 419 (Visiting Academic) visa; or

(iii)a Subclass 420 (Entertainment) visa; or

(iv)a Subclass 421 (Sport) visa; or

(v)a Subclass 423 (Media and Film Staff) visa; or

(vi)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or

(vii)a Subclass 428 (Religious Worker) visa; or

(viii)a Subclass 442 (Occupational Trainee) visa; or

(ix)a Subclass 457 (Business (Long Stay)) visa;

who is a secondary sponsored person in relation to a person who is or was an approved sponsor — that the person who is or was an approved sponsor of the primary sponsored person to whom the secondary sponsored person is related has not listed the secondary sponsored person in the latest nomination in which the primary sponsored person is identified;

(le)in the case of a holder of:

(i)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or

(ii)a Subclass 428 (Religious Worker) visa; or

(iii)a Subclass 457 (Business (Long Stay)) visa;

who is a primary sponsored person or a secondary sponsored person in relation to a person who is or was an approved sponsor — that the person who is or was an approved sponsor has paid the return travel costs of the holder in accordance with the sponsorship obligation mentioned in regulation 2.80 or 2.80A;

[8C]After subregulation 2.43 (1)

insert

(1A)For paragraph (1) (ia), the grounds are that, despite the grant of the visa, the Minister is satisfied that the visa holder did not have at the time of grant of the visa, or has ceased to have, a genuine intention to stay temporarily in Australia to carry out the work or activity in relation to which:

(a)the visa holder’s visa was granted; or

(b)if the visa holder is identified in a nomination after the visa is granted — the visa holder was identified in a nomination.

(1B)For paragraph (1) (lc), the grounds are the following:

(a)the approval of the person as a sponsor has been cancelled, or the approved sponsor has been barred, under section 140M of the Act;

(b)if the approved sponsor is a party to a work agreement — the work agreement has been terminated or has ceased;

(c)if the primary sponsored person is required to be identified in a nomination — the criteria for approval of the latest nomination in which the primary sponsored person is identified are no longer met;

(d)the person who is or was an approved sponsor has failed to satisfy a sponsorship obligation.

[11] Schedule 1, item [9], proposed regulation 2.56

substitute

2.56Application

For section 140A of the Act, Division 3A of Part 2 of the Act applies to the following kinds of visa:

(a)the Subclass 411 (Exchange) visa;

(b)the Subclass 415 (Foreign Government Agency) visa;

(c)the Subclass 416 (Special Program) visa;

(d)the Subclass 419 (Visiting Academic) visa;

(e)the Subclass 420 (Entertainment) visa;

(f)the Subclass 421 (Sport) visa;

(g)the Subclass 423 (Media and Film Staff) visa;

(h)the Subclass 427 (Domestic Worker (Temporary) — Executive) visa;

(i)the Subclass 428 (Religious Worker) visa;

(j)the Subclass 442 (Occupational Trainee) visa;

(k)the Subclass 457 (Business (Long Stay)) visa;

(l)the Subclass 470 (Professional Development) visa;

(m)the Subclass 488 (Superyacht Crew) visa.

[12] Schedule 1, item [9], proposed subregulation 2.57 (1), definition of Australian organisation

omit

corporate

insert

corporate, a partnership

[13] Schedule 1, item [9], proposed subregulation 2.57 (1), after definition of competent authority

insert

foreign government agency includes the following:

(a)an organisation:

(i)that is conducted under the official auspices of a foreign national government; and

(ii)that is operating in Australia;

including foreign tourist and media bureaus, trade offices and other foreign government entities;

(b)a foreign diplomatic or consular mission in Australia;

(c)an organisation conducted under the official auspices of an international organisation recognised by Australia.

[14] Schedule 1, item [9], proposed subregulation 2.57 (1), definition of overseas employer

omit each mention of

1 year

insert

12 months

[15] Schedule 1, item [9], proposed subregulation 2.57 (1), definition of primary sponsored person

substitute

primary sponsored person:

(a)in relation to a person who is or was approved as a sponsor in a class of sponsor (the approved sponsor) under subsection 140E (1) of the Act — means:

(i)a person:

(A)who holds a visa prescribed for the purpose of section 140A of the Act; and

(B)who:

(I)was last identified in an approved nomination by the approved sponsor; or

(II)satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or

(ii)a person:

(A)who is in the migration zone; and

(B)who does not hold a substantive visa; and

(C)whose last substantive visa was a visa prescribed for section 140A of the Act; and

(D)who:

(I)was last identified in an approved nomination by the approved sponsor; or

(II)satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or

(b)in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister) — means:

(i)a person:

(A)who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and

(B)who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or

(ii)a person:

(A)who is in the migration zone; and

(B)who does not hold a substantive visa; and

(C)whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and

(D)who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.

[16] Schedule 1, item [9], proposed subregulation 2.57 (1), definition of secondary sponsored person, except the note

substitute

secondary sponsored person:

(a)in relation to a person who is or was approved as a sponsor in a class of sponsor (the approved sponsor) under subsection 140E (1) of the Act — means:

(i)a person:

(A)who holds a visa prescribed for the purposes of section 140A of the Act; and

(B)who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and

(C)either:

(I)who was last identified in an approved nomination by the approved sponsor; or

(II)in relation to whom the approved sponsor was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the approved sponsor; or

(ii)a person:

(A)who holds a visa prescribed for the purposes of section 140A of the Act; and

(B)who is taken to have been granted the visa at the time of the person’s birth under section 78 of the Act; and

(C)who is a member of the family unit of:

(I)a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or

(II)a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or

(iii)a person:

(A)who is in the migration zone; and

(B)who does not hold a substantive visa; and

(C)whose last substantive visa was a visa prescribed for the purposes of section 140A of the Act; and

(D)who was taken to have been granted the visa at the time of the person’s birth under section 78 of the Act; and

(E)who is a member of the family unit of:

(I)a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or

(II)a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or

(iv)a person:

(A)who is in the migration zone; and

(B)who does not hold a substantive visa; and

(C)whose last substantive visa was a visa prescribed for the purposes of section 140A of the Act; and

(D)who was granted the visa on the basis of satisfying the secondary criteria for the grant of the visa; and

(E)either:

(I)who was last identified in an approved nomination by the approved sponsor; or

(II)in relation to whom the approved sponsor was the last person to have agreed in writing to the person being a secondary sponsored person in relation to the approved sponsor; or

(b)in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister) — means:

(i)a person:

(A)who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and

(B)who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and

(C)either:

(I)who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or

(II)in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or

(ii)a person:

(A)who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and

(B)who is taken to have been granted the visa at the time of the person’s birth under section 78 of the Act; and

(C)who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or

(iii)a person:

(A)who is in the migration zone; and

(B)who does not hold a substantive visa; and

(C)whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and

(D)the visa was granted on the basis of satisfying the secondary criteria for the grant of the visa; and

(E)either:

(I)who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or

(II)in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or

(iv)a person:

(A)who is in the migration zone; and

(B)who does not hold a substantive visa; and

(C)whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and

(D)the visa was taken to have been granted at the time of the person’s birth under section 78 of the Act; and

(E)who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.

sporting organisation means an Australian organisation that administers or promotes sport or sporting events.

[17] Schedule 1, item [9], proposed subregulation 2.57 (2)

substitute

(2)In this Part:

(a)a person (the associated person) is associated with a person that is a corporation if the associated person is an officer of the corporation, a related body corporate or an associated entity; and

(b)a person (the associated person) is associated with a person that is a partnership if the associated person is a partner of the partnership; and

(c)a person (the associated person) is associated with a person that is an unincorporated association if the associated person is a member of the association’s committee of management; and

(d)a person (the associated person) is associated with a person that is an entity not mentioned in paragraphs (a), (b) and (c) if the associated person is an officer of the entity.

[18] Schedule 1, item [9], proposed subregulation 2.57 (3)

omit

an applicant’s suitability as a sponsor in relation to the class of sponsor that the applicant has applied for

insert

a person’s suitability as an approved sponsor

[19] Schedule 1, item [9], proposed paragraph 2.57 (3) (a)

omit each mention of

applicant

insert

person

[20] Schedule 1, item [9], proposed subparagraph 2.57 (3) (a) (ii)

omit

has been found, by a competent authority, to have

insert

has, to the satisfaction of a competent authority,

[21] Schedule 1, item [9], after proposed subregulation 2.57 (3)

insert

(4)In this Part, the entry of a person to Australia is taken to confer a net employment benefit on Australia if:

(a)the person seeks to enter or remain in Australia to carry out an activity individually or in association with a group; and

(b)the Minister is satisfied that the carrying out of the activity would lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity.

(5)In this Part, a person will perform a volunteer role if:

(a)the person will not receive remuneration for performing the duties of the position, other than the following:

(i)reimbursement for reasonable expenses incurred by the person in performing the duties;

(ii)prize money; and

(b)the duties would not otherwise be carried out by an Australian citizen or an Australian permanent resident in return for wages.

[22] Schedule 1, item [9], proposed regulation 2.58

substitute

2.58Classes of sponsor

For subsection 140E (2) of the Act, the following are classes of sponsor in relation to which a person may be approved as a sponsor:

(a)a standard business sponsor;

(b)a professional development sponsor.

(c)an exchange sponsor;

(d)a foreign government agency sponsor;

(e)a special program sponsor;

(f)a visiting academic sponsor;

(g)an entertainment sponsor;

(h)a sport sponsor;

(i)a domestic worker sponsor;

(j)a religious worker sponsor;

(k)an occupational trainee sponsor;

(l)a superyacht crew sponsor.

Note The definition of approved sponsor in subsection 5 (1) of the Act provides that an approved sponsor includes a person (other than a Minister) who is a party to a work agreement. A party to a work agreement is not required to apply for approval as a sponsor, and is not required to be approved as a sponsor in relation to a class of sponsor.

[23] Schedule 1, item [9], proposed paragraph 2.59 (a)

omit

Division 2.14

insert

regulation 2.61

[24] Schedule 1, item [9], proposed paragraph 2.59 (c)

substitute

(c)the applicant is lawfully operating a business (whether in or outside Australia); and

[25] Schedule 1, item [9], proposed paragraph 2.59 (d)

omit

paragraph;

insert

paragraph; and

[26] Schedule 1, item [9], proposed paragraph 2.59 (e)

omit

12 months or less

insert

less than 12 months

[27] Schedule 1, item [9], proposed paragraph 2.59 (e)

omit

paragraph (d);

insert

paragraph (d); and

[28] Schedule 1, item [9], proposed paragraph 2.59 (f)

before

the applicant has attested

insert

if the applicant is lawfully operating a business in Australia —

[29] Schedule 1, item [9], proposed paragraph 2.59 (g)

omit each mention of

the Minister

insert

Immigration

[30] Schedule 1, item [9], proposed paragraph 2.59 (g)

omit

applicant.

insert

applicant; and

[31] Schedule 1, item [9], after proposed paragraph 2.59 (g)

insert

(h)if the applicant is lawfully operating a business outside Australia and does not lawfully operate a business in Australia — the applicant is seeking to be approved as a standard business sponsor in relation to a holder of, or an applicant or a proposed applicant (the visa applicant) for, a Subclass 457 (Business (Long Stay)) visa, and the applicant intends for the visa holder or visa applicant to:

(i)establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or

(ii)fulfil, or assist in fulfilling, a contractual obligation of the applicant.

[32] Schedule 1, item [9], proposed paragraph 2.60 (1) (h)

omit each mention of

the Minister

insert

Immigration

[33] Schedule 1, item [9], proposed sub‑subparagraph 2.60 (2) (a) (i) (A)

omit

1 year

insert

12 months

[34] Schedule 1, item [9], after proposed regulation 2.60

insert

2.60ACriterion for approval as a temporary work sponsor

For subsection 140E (1) of the Act, the criterion that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a temporary work sponsor is that the Minister is satisfied that:

(a)the applicant has applied for approval as a temporary work sponsor in accordance with the process set out in regulation 2.61; and

(b)the applicant is not already a sponsor of the class for which the applicant is applying; and

(c)either:

(i)there is no adverse information known to Immigration about the applicant or a person associated with the applicant; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the applicant or a person associated with the applicant; and

(d)the applicant has the capacity to comply with the sponsorship obligations applicable to a person who is or was a sponsor of the class for which the applicant has applied.

2.60BCriterion for approval as an exchange sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as an exchange sponsor is that the person is:

(a)an Australian organisation that is lawfully operating in Australia; or

(b)a government agency.

2.60CCriterion for approval as a foreign government agency sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a foreign government agency sponsor is that the person is a foreign government agency.

2.60DCriterion for approval as a special program sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a special program sponsor is that:

(a)either:

(i)if the applicant is proposing to conduct a youth exchange program that has been approved by the Secretary — the applicant is an Australian organisation or a government agency; or

(ii)in any other case — the applicant is a community‑based, non-profit Australian organisation, or a government agency; and

(b)if the applicant is an Australian organisation — the applicant is lawfully operating in Australia; and

(c)either:

(i)the applicant is a party to a special program agreement with the Secretary; or

(ii)the special program the applicant is proposing to conduct is either:

(A)the School to School Interchange Program; or

(B)the School Language Assistants Program; and

(d)the applicant is proposing to conduct a special program that meets the following requirements:

(i)the program is a youth exchange program, or has the object of cultural enrichment or community benefits;

(ii)the program has been approved in writing by the Secretary, either:

(A)for the purposes of this sub-subparagraph; or

(B)for the purposes of paragraph 416.222 (b) or (c) of Schedule 2 as in force immediately before the commencement of this regulation.

2.60ECriterion for approval as a visiting academic sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a visiting academic sponsor is that the person:

(a)is an Australian tertiary institution or an Australian research institution; and

(b)is lawfully established in Australia; and

(c)is lawfully operating in Australia.

2.60FCriterion for approval as an entertainment sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as an entertainment sponsor is that the person is:

(a)an Australian organisation that is lawfully operating in Australia; or

(b)a government agency; or

(c)either:

(i)an Australian citizen; or

(ii)an Australian permanent resident; or

(iii)an eligible New Zealand citizen;

who is usually resident in Australia.

2.60GCriterion for approval as a sport sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a sport sponsor is that the person is a sporting organisation that is lawfully operating in Australia.

2.60HCriterion for approval as a domestic worker sponsor

(1)For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a domestic worker sponsor is that the person is an eligible Subclass 457 visa holder.

(2)For subregulation (1), a person is an eligible Subclass 457 visa holder if the person:

(a)holds a Subclass 457 (Business (Long Stay)) visa; and

(b)was granted the Subclass 457 (Business (Long Stay)) visa on the basis of meeting the requirements of subclause 457.223 (2), (4), (7A), (9) or (10) of Schedule 2; and

(c)has been appointed to, or holds the position of:

(i)national managing director; or

(ii)deputy national managing director; or

(iii)state manager;

of an Australian office of a foreign organisation.

2.60ICriterion for approval as a religious worker sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a religious worker sponsor is that the person is a religious institution that is lawfully operating in Australia.

2.60JCriterion for approval as an occupational trainee sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as an occupational trainee sponsor is that the person is:

(a)an Australian organisation that is lawfully operating in Australia; or

(b)a government agency.

2.60KCriterion for approval as a superyacht crew sponsor

For subsection 140E (1) of the Act, and in addition to the criterion set out in regulation 2.60A, the criterion that must be satisfied for the Minister to approve an application by a person for approval as a superyacht crew sponsor is that the person is the captain or owner of a superyacht.

[35] Schedule 1, item [9], proposed subregulation 2.61 (2)

omit

A person

insert

Subject to subregulation (3), a person

[36] Schedule 1, item [9], proposed subregulation 2.61 (2), table

omit each mention of

$285

insert

$345

[37] Schedule 1, item [9], proposed subregulation 2.61 (2), table, item 4

omit

$1 145

insert

$1 370

[38] Schedule 1, item [9], proposed subregulation 2.61 (2), table, after item 4

insert

5	a temporary work sponsor (other than a superyacht crew sponsor)	1377	$345
6	a superyacht crew sponsor	1366	nil

[39] Schedule 1, item [9], after table in proposed subregulation 2.61 (2)

insert

(3)If:

(a)a person mentioned in the table in subregulation (2) (the applicant) paid a sponsorship fee under regulation 5.38 in relation to an application for approval as a sponsor before 14 September 2009; and

(b)the applicant was approved as a sponsor in relation to the application before 14 September 2009 but no earlier than 1 July 2009; and

(c)no visa application was lodged in relation to sponsorship by the applicant before 14 September 2009;

the application fee for the first application for approval as a sponsor made by the applicant on or after 14 September 2009 is nil.

(4)If a person is applying to be approved as a temporary work sponsor (other than a superyacht crew sponsor), the person must make the application:

(a)by posting the application (with the correct pre-paid postage):

(i)to the address specified by the Minister in an instrument in writing for this subparagraph; or

(ii)if no legislative instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or

(b)by delivering the application by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this paragraph; or

(c)by faxing the application to the fax number specified by the Minister in an instrument in writing for this paragraph.

(5)For subregulation (4), the Minister may specify different addresses and fax numbers for applications for different classes in relation to which a person may be approved as a sponsor.

(6)If a person is applying to be approved as a superyacht crew sponsor, the person must make the application:

(a)by posting the application (with the correct pre-paid postage):

(i)to the address specified by the Minister in an instrument in writing for this subparagraph; or

(ii)if no legislative instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or

(b)by delivering the application by courier service to the address specified by the Minister in an instrument in writing for this paragraph; or

(c)by faxing the application to the fax number specified by the Minister in an instrument in writing for this paragraph.

[40] Schedule 1, item [9], proposed regulation 2.63, heading

substitute

2.63Standard business sponsor or temporary work sponsor

[41] Schedule 1, item [9], proposed subregulation 2.63 (1)

after

sponsor

insert

or temporary work sponsor

[42] Schedule 1, item [9], after proposed regulation 2.64

insert

2.64ASpecial program sponsor

(1)For subsection 140G (3) of the Act, the terms of approval as a special program sponsor are prescribed in this regulation.

(2)An approval as a special program sponsor has effect only in relation to:

(a)the special program specified in the application for approval, as varied from time to time by agreement between the special program sponsor and the Secretary; and

(b)the special program agreement or agreements specified in the application for approval, as varied from time to time by agreement between the special program sponsor and the Secretary; and

(c)the employer or employers specified in the application for approval.

[43] Schedule 1, item [9], proposed Division 2.16, heading

substitute

Division 2.16 Variation of terms of approval of sponsorship

[44] Schedule 1, item [9], proposed regulation 2.65

after

sponsor

insert

or a temporary work sponsor

[45] Schedule 1, item [9], proposed regulation 2.66, heading

substitute

2.66Process to apply for variation of terms of approval — standard business sponsor

[46] Schedule 1, item [9], proposed subregulation 2.66 (4)

omit

$285

insert

$345

[47] Schedule 1, item [9], after proposed regulation 2.66

insert

2.66AProcess to apply for variation of terms of approval — temporary work sponsor

(1)For subsection 140GA (1) of the Act, a person may apply to the Minister for a variation of a term of an approval as a temporary work sponsor (other than a superyacht crew sponsor) by making an application in accordance with approved form 1377.

(2)The application mentioned in subregulation (1) must:

(a)be accompanied by a fee of $345; and

(b)be made:

(i)by posting the application (with the correct pre-paid postage):

(A)to the address specified by the Minister in an instrument in writing for this sub-subparagraph; or

(B)if no legislative instrument has been made for sub-subparagraph (A) — to an office of Immigration in Australia; or

(ii)by delivering the application by courier service, or otherwise by hand, to the address specified by the Minister in an instrument in writing for this subparagraph; or

(iii)by faxing the application to the fax number specified by the Minister in an instrument in writing for this subparagraph.

(3)For paragraph (2) (b), the Minister may specify different addresses and fax numbers for applications for different classes in relation to which a person may be approved as a sponsor.

(4)For subsection 140GA (1) of the Act, a person may apply to the Minister for a variation of a term of an approval as a superyacht crew sponsor by making an application in accordance with approved form 1366.

(5)The application fee for an application mentioned in subregulation (4) is nil.

(6)An application mentioned in subregulation (4) must be made:

(a)by posting the application (with the correct pre-paid postage):

(i)to the address specified by the Minister in an instrument in writing for this subparagraph; or

(ii)if no legislative instrument has been made for subparagraph (i) — to an office of Immigration in Australia; or

(b)by delivering the application by courier service to the address specified by the Minister in an instrument in writing for this paragraph; or

(c)by faxing the application to the fax number specified by the Minister in an instrument in writing for this paragraph.

[48] Schedule 1, item [9], proposed regulation 2.67

after

sponsor

insert

or a temporary work sponsor

[49] Schedule 1, item [9], proposed regulation 2.68, heading

substitute

2.68Criteria for variation of terms of approval — standard business sponsor

[50] Schedule 1, item [9], proposed paragraph 2.68 (d)

substitute

(d)the applicant is lawfully operating a business (whether in or outside Australia); and

[51] Schedule 1, item [9], proposed paragraph 2.68 (e)

omit

more -

insert

more —

[52] Schedule 1, item [9], proposed paragraph 2.68 (f)

omit

12 months or less -

insert

less than 12 months —

[53] Schedule 1, item [9], proposed paragraph 2.68 (g)

before

the applicant has attested

insert

if the applicant is lawfully operating a business in Australia —

[54] Schedule 1, item [9], proposed paragraph 2.68 (h)

omit

applicant.

insert

applicant; and

[55] Schedule 1, item [9], after proposed paragraph 2.68 (h)

insert

(i)if the applicant is lawfully operating a business outside Australia and does not lawfully operate a business in Australia — the applicant is seeking to vary the terms of approval as a standard business sponsor in relation to a holder of, or an applicant or a proposed applicant (the visa applicant) for, a Subclass 457 (Business (Long Stay)) visa, and the applicant intends for the visa holder or visa applicant to:

(i)establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or

(ii)fulfil, or assist in fulfilling, a contractual obligation of the applicant.

[56] Schedule 1, item [9], after proposed regulation 2.68

insert

2.68ACriteria for variation of terms of approval — temporary work sponsor

For paragraph 140GA (2) (b) of the Act, for the Minister to approve an application by a person (the applicant) for a variation of a term of approval as a temporary work sponsor, the criteria that must be satisfied are:

(a)that the applicant satisfies the criteria for approval as a temporary work sponsor set out in paragraphs 2.60A (c) and (d); and

(b)that the applicant satisfies the criteria for approval (set out in Division 2.13) that applies to the class of sponsor in relation to which the application for the variation of a term of approval applies; and

(c)that the applicant has applied for the variation in accordance with the process set out in regulation 2.66A; and

(d)that:

(i)the applicant is applying to vary the terms of approval of a class of sponsor; and

(ii)the applicant is in that class.

[57] Schedule 1, item [9], proposed paragraph 2.70 (b)

omit

Minister).

insert

Minister); or

[58] Schedule 1, item [9], after proposed paragraph 2.70 (b)

insert

(c)a temporary work sponsor (other than a foreign government agency sponsor, a special program sponsor or a superyacht crew sponsor).

[59] Schedule 1, item [9], proposed regulation 2.71

omit

[60] Schedule 1, item [9], proposed regulation 2.72

substitute

2.72Criteria for approval of nomination — Subclass 457 (Business (Long Stay)) visa

(1)This regulation applies to a person who is:

(a)a standard business sponsor; or

(b)a party to a work agreement (other than a Minister);

who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa.

(2)For subsection 140GB (2) of the Act, the criteria that must be satisfied for the Minister to approve a nomination by a person are set out in subregulations (3) to (12).

(3)The Minister is satisfied that the person has made the nomination in accordance with the process set out in regulation 2.73.

(4)The Minister is satisfied that the person is:

(a)a standard business sponsor; or

(b)a party to a work agreement (other than a Minister).

(5)The Minister is satisfied that the person has identified in the nomination the visa holder, or the applicant or proposed applicant for the visa, who will work in the nominated occupation.

(6)If the person identifies a holder of a Subclass 457 (Business (Long Stay)) visa (the visa holder) for subregulation (5), the Minister is satisfied that the person:

(a)has listed on the nomination each other holder of a visa of that kind who was granted the visa on the basis of having the necessary relationship with the visa holder as mentioned in clause 457.321 of Schedule 2; and

(b)if the Minister requires the visa holder to demonstrate that he or she has the skills necessary to perform the occupation — the visa holder demonstrates that he or she has those skills in the manner specified by the Minister.

(7)For paragraph (6) (a), the Minister may disregard the fact that 1 or more persons required to be listed on the nomination are not listed, if the Minister is satisfied it is reasonable in the circumstances to do so.

(8)The Minister is satisfied that the person has provided the following information as part of the nomination:

(a)if there is a 6‑digit ASCO code for the nominated occupation — the 6-digit ASCO code;

(b)if there is no 6-digit ASCO code for the occupation, and the person is a standard business sponsor — the name of the occupation as it appears in the instrument in writing made for the purposes of paragraph (10) (a);

(c)if there is no 6-digit ASCO code for the occupation and the person is a party to a work agreement — the name of the occupation as it appears in the work agreement;

(d)the location or locations at which the nominated occupation is to be carried out.

(9)The Minister is satisfied that either:

(a)there is no adverse information known to Immigration about the person or a person associated with the person; or

(b)it is reasonable to disregard any adverse information known to Immigration about the person or a person associated with the person.

Note The meanings of adverse information and associated with are explained in subregulations 2.57 (2) and (3).

If the person is a standard business sponsor — the Minister is satisfied that:

(a)the nominated occupation corresponds to an occupation specified by the Minister in an instrument in writing for this paragraph; and

(b)if required by the instrument mentioned in paragraph (a) — the nomination of an occupation mentioned in the instrument is supported, in writing to the Minister, by an organisation specified by the Minister in an instrument in writing for this paragraph; and

(c)the terms and conditions of employment will be no less favourable than those that are provided, or would be provided, to an Australian citizen or an Australian permanent resident for performing work in an equivalent position in the person’s workplace; and

(d)the person has certified as part of the nomination, in writing, that:

(i)the duties of the position include a significant majority of the duties of:

(A)the nominated occupation listed in the ASCO; or

(B)the nominated occupation specified in an instrument in writing for paragraph (a); and

(ii)if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia:

(A)the nominated occupation is a position in the business of the standard business sponsor; or

(B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this paragraph; and

(iii)if the person lawfully operates a business in Australia:

(A)the nominated occupation is a position with a business, or an associated entity, of the person; or

(B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this paragraph; and

(iv)the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified:

(A)for the occupation in the ASCO; or

(B)if there is no ASCO code for the nominated occupation — for the occupation in the instrument in writing made for the purpose of paragraph (a).

If the person is a party to a work agreement (other than a Minister) — the Minister is satisfied that:

(a)the nominated occupation is specified in the work agreement as an occupation that the person may nominate; and

(b)the person has certified as part of the nomination, in writing, that:

(i)the duties of the position include a significant majority of the duties of:

(A)the nominated occupation listed in the ASCO; or

(B)the nominated occupation specified in the work agreement; and

(ii)the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the work agreement.

If the person is a party to a work agreement and the work agreement specifies requirements that must be met by the party to the work agreement — the Minister is satisfied that the requirements of the work agreement have been met.

2.72ACriteria for approval of nomination — various visas

(1)This regulation applies to a person:

(a)who is an approved sponsor; and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, one of the following visas:

(i)a Subclass 411 (Exchange) visa;

(ii)a Subclass 419 (Visiting Academic) visa;

(iii)a Subclass 420 (Entertainment) visa;

(iv)a Subclass 421 (Sport) visa;

(v)a Subclass 423 (Media and Film Staff) visa;

(vi)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa;

(vii)a Subclass 428 (Religious Worker) visa;

(viii)a Subclass 442 (Occupational Trainee) visa.

(2)For subsection 140GB (2) of the Act, the criteria that must be satisfied for the Minister to approve a nomination by the person are set out in subregulations (3) to (9).

(3)The Minister is be satisfied that the person has made the nomination in accordance with the process set out:

(a)in the case of a nomination of an occupation or activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 420 (Entertainment) visa or a Subclass 423 (Media and Film Staff) visa — in regulation 2.73B; or

(b)in the case of a nomination of an occupation or activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 421 (Sport) visa — in regulation 2.73C; or

(c)in the case of a nomination of an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a visa mentioned in subparagraph (1) (i), (ii), (vi), (vii) or (viii) — in regulation 2.73A.

(4)The Minister is satisfied that the person has identified in the nomination the visa holder, or an applicant or a proposed applicant for a visa, (the identified visa holder or applicant) who will work or participate in the nominated occupation, program or activity.

(5)If the person identifies a visa holder for subregulation (4), the Minister is satisfied that the person has listed on the nomination each secondary sponsored person who holds the same visa as the visa holder on the basis of the secondary sponsored person’s relationship to the visa holder.

(6)However, the Minister may disregard the fact that 1 or more secondary sponsored persons are not listed on the nomination if the Minister is satisfied that it is reasonable in the circumstances to do so.

(7)The Minister is satisfied that the person has provided the following:

(a)information that identifies the employer or employers in relation to the nominated occupation, program or activity, including:

(i)the location and contact details of each employer; and

(ii)if the person and the employer are not the same person — the relationship between the person and the employer;

(b)information that identifies the location or locations where the nominated occupation, program or activity will be carried out;

(c)information that identifies each member of the family unit of the identified visa holder or applicant who holds, or proposes to apply for, the same visa as the identified visa holder or applicant on the basis of satisfying the secondary criteria.

(8)For paragraph (7) (a), in the case of a nominated occupation, program or activity that is a volunteer role, employer includes the person or organisation responsible for the tasks to be carried out as part of the nominated occupation, program or activity.

Note volunteer role is defined in subregulation 2.57 (5).

(9)The Minister is satisfied that:

(a)there is no adverse information known to Immigration about the person or a person associated with the person; or

(b)if any adverse information is known to Immigration about the person or a person associated with the person — it is reasonable to disregard the information.

2.72BCriteria for approval of nomination — Subclass 411 (Exchange) visa

(1)This regulation applies to a person:

(a)who is an exchange sponsor; and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 411 (Exchange) visa (the identified visa holder or applicant).

(2)For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the exchange sponsor are set out in subregulations (3) to (6).

(3)The Minister is satisfied that the person making the nomination is an exchange sponsor.

(4)The Minister is satisfied that there is a written agreement in place between the exchange sponsor and a reciprocating foreign organisation that:

(a)provides for the identified visa holder or applicant to work for the exchange sponsor in the nominated occupation, program or activity in Australia for a specified period; and

(b)provides a named person, who is an Australian citizen or an Australian permanent resident, with the opportunity to obtain experience with the reciprocating foreign organisation for a specified period.

(5)The Minister is satisfied that the exchange, as set out in subregulation (4), will be of benefit to both the identified visa holder or applicant, and to the Australian citizen or Australian permanent resident.

(6)The Minister is satisfied that the nominated position is a skilled position.

2.72CCriteria for approval of nomination — Subclass 419 (Visiting Academic) visa

(1)This regulation applies to a person:

(a)who is a visiting academic sponsor; and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 419 (Visiting Academic) visa (the identified visa holder or applicant).

(2)For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the visiting academic sponsor are set out in subregulations (3) to (6).

(3)The Minister is satisfied that the person making the nomination is a visiting academic sponsor.

(4)The Minister is satisfied that the identified visa holder or applicant will observe or participate in an Australian research project:

(a)at the sponsoring Australian tertiary or research institution; and

(b)in collaboration with other academics employed by the sponsoring Australian tertiary or research institution.

(5)The Minister is satisfied that:

(a)the identified visa holder or applicant is employed, or was formerly employed, as an academic at a tertiary education institution or research institution; and

(b)the identified visa holder or applicant has a significant record of achievement in his or her field.

(6)The Minister is satisfied that the identified visa holder or applicant will not receive from the visiting academic sponsor a salary, scholarship or allowance (other than an allowance for living expenses in Australia and travel costs).

2.72DCriteria for approval of nomination — Subclass 420 (Entertainment) visa

(1)This regulation applies to a person:

(a)who is an entertainment sponsor; and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 420 (Entertainment) visa (the identified visa holder or applicant).

(2)For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the entertainment sponsor are the criteria set out in:

(a)subregulation (3); and

(b)1 of subregulations (4) to (9).

(3)The Minister is satisfied that the person making the nomination is an entertainment sponsor.

Performing in film or television production subsidised by government

(4)The Minister is satisfied that:

(a)the identified visa holder or applicant will be:

(i)performing as an entertainer under a performing contract for 1 or more specific engagements (other than non-profit engagements) in Australia; and

(ii)performing in a film or television production that is subsidised, in whole or in part, by a government in Australia; and

(iii)performing:

(A)in a leading role, major supporting role or cameo role; or

(B)to satisfy ethnic or other special requirements; and

(b)the nomination is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that the relevant Australian content criteria have been met; and

(c)the entertainment sponsor holds any necessary licences in respect of the work to which the nomination relates; and

(d)the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia.

Performing in film or television production not subsidised by government

(5)The Minister is satisfied that:

(a)the identified visa holder or applicant will be:

(i)performing as an entertainer under a performing contract for 1 or more specific engagements (other than non-profit engagements) in Australia; and

(ii)performing in a film or television production that is not subsidised in any way by a government in Australia; and

(iii)performing:

(A)in a leading role, major supporting role or cameo role; or

(B)to satisfy ethnic or other special requirements; and

(b)the nomination is supported by a certificate given by the Arts Minister, or a person authorised by the Arts Minister, confirming that:

(i)citizens or residents of Australia have been afforded a reasonable opportunity to participate in all levels of the production; and

(ii)the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production is greater than the amount to be expended on entertainers sponsored for entry; and

(c)the entertainment sponsor holds any necessary licences in respect of the work to which the nomination relates; and

(d)the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia.

Performing in productions not related to film or television

(6)The Minister is satisfied that:

(a)the identified visa holder or applicant will be performing as an entertainer under a performing contract that:

(i)is not related to a film or television production; and

(ii)is for 1 or more specific engagements (other than non-profit engagements) in Australia; and

(b)the nominated activity will bring a net employment benefit to the Australian entertainment industry; and

(c)the entertainment sponsor holds any necessary licences in respect of the work to which the nomination relates; and

(d)the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia; and

(e)the entertainment sponsor has provided an itinerary specifying the dates and venues for all performances.

Production roles other than as a performer

(7)The Minister is satisfied that:

(a)the identified visa holder or applicant will be directing, producing or taking another part (otherwise than as a performer) in a theatre, film, television or radio production, or a concert or recording to be performed or shown in Australia; and

(b)the nominated activity will bring a net employment benefit to the Australian entertainment industry; and

(c)the entertainment sponsor holds any necessary licences in respect of the work to which the nomination relates; and

(d)the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia; and

(e)the entertainment sponsor has provided an itinerary specifying the dates and venues for the production, concert or recording.

Support staff

(8)The Minister is satisfied that:

(a)the identified visa holder or applicant will be supporting an entertainer or a group of entertainers (whether by assisting a performance or by personal services) in relation to a performing contract for 1 or more specific engagements in Australia; and

(b)the nominated activity will bring a net employment benefit to the Australian entertainment industry; and

(c)the entertainment sponsor holds any necessary licences in respect of the work to which the nomination relates; and

(d)the entertainment sponsor has consulted with relevant Australian unions in relation to the employment or engagement of the identified visa holder or applicant in Australia; and

(e)the entertainment sponsor has provided an itinerary specifying the dates and venues for all performances.

Non-profit engagements

(9)The Minister is satisfied that:

(a)the identified visa holder or applicant will be performing as an entertainer in 1 or more specific engagements that are for non-profit purposes; and

(b)the entertainment sponsor has provided an itinerary specifying the dates and venues for all performances.

2.72ECriteria for approval of nomination — Subclass 421 (Sport) visa

(1)This regulation applies to a person:

(a)who is:

(i)a sport sponsor; or

(ii)a party to a work agreement (other than a Minister); and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 421 (Sport) visa (the identified visa holder or applicant).

(2)For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the sport sponsor are:

(a)that the Minister is satisfied that the person making the nomination is a sport sponsor; and

(b)the criteria set out in 1 of subregulations (4) to (7).

(3)For subsection 140GB (2) of the Act, and in addition to the criteria set out in regulation 2.72A, the criteria that must be satisfied for the Minister to approve a nomination by the party to a work agreement is that the Minister is satisfied that:

(a)the person making the nomination is a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (3); and

(b)the nomination satisfies the requirements of the work agreement.

Competitors in sporting events

(4)The Minister is satisfied that:

(a)the identified visa holder or applicant:

(i)is entered individually or as a member of a team to compete in a sporting event, or sporting events, in Australia, and is not entered as a Taiwanese national claiming to represent Taiwan, China or the Republic of China; or

(ii)has been, or will be, appointed or employed, under a contractual agreement, to assist a participant or team of a kind mentioned in subparagraph (i); or

(iii)has been, or will be, appointed or employed, under a contractual agreement, to assist a sportsperson:

(A)who is an Australian citizen or an Australian permanent resident; and

Schedule 2, clauses 423.221 to 423.224

substitute

423.223The Minister is satisfied that:

(a)the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

(b)the nomination was made by a person who was an entertainment sponsor at the time the nomination was approved; and

(c)the approval of the nomination has not ceased under regulation 2.75A; and

(d)the applicant seeks to enter or remain in Australia to work or participate in the nominated occupation, program or activity in relation to which the applicant is identified; and

(e)either:

(i)there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

423.224AThe Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

423.224BThe Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

Schedule 2, paragraph 423.225 (b)

omit

4019.

insert

4019; and

Schedule 2, after paragraph 423.225 (b)

insert

(c)if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

Schedule 2, after clause 423.225

insert

423.225AThe applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

Schedule 2, clauses 423.229 and 423.230

omit

Schedule 2, clauses 423.322 and 423.323

substitute

423.322The Minister is satisfied that the entertainment sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the entertainment sponsor in relation to the applicant.

423.323The Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

423.323AThe applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

Schedule 2, after clause 423.611

insert

423.611AIf the applicant meets the primary or secondary criteria, condition 8501.

Schedule 2, clause 423.612

omit

8501,

Schedule 2, clause 427.211

substitute

427.211If the applicant is in the migration zone at the time of application:

(a)the applicant holds a substantive visa that is not:

(i)a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

(ii)a Subclass 771 (Transit) visa; or

(iii)a Subclass 995 (Diplomatic (Temporary)) visa; or

(iv)a special purpose visa; or

(b)the applicant:

(i)does not hold a substantive visa; and

(ii)the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

(iii)the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

Schedule 2, clauses 427.221 to 427.225

substitute

427.222The Minister is satisfied that:

(a)the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

(b)the nomination was made by a person who was a domestic worker sponsor at the time the nomination was approved; and

(c)the approval of the nomination has not ceased under regulation 2.75A; and

(d)the applicant seeks to enter or remain in Australia to undertake full-time domestic duties in the private household of the domestic worker sponsor; and

(e)either:

(i)there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

427.225AThe Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to undertake the duties for which the applicant was identified in the nomination.

427.225BThe Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

Schedule 2, clause 427.226

omit

Schedule 2, after clause 427.228

insert

427.228AThe applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

Schedule 2, clause 427.231

omit

Schedule 2, clause 427.233

omit

Schedule 2, clauses 427.322 and 427.323

substitute

427.322The Minister is satisfied that the domestic worker sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the domestic worker sponsor in relation to the applicant.

427.323The Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

427.323AThe applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

Schedule 2, after clause 427.611

insert

427.611AIf the applicant meets the primary or secondary criteria, condition 8501.

Schedule 2, clause 427.612

omit

8501,

Schedule 2, clause 428.211

substitute

428.211If the applicant is in the migration zone at the time of application:

(a)the applicant holds a substantive visa that is not:

(i)a Subclass 426 (Domestic Worker (Temporary) — Diplomatic or Consular) visa; or

(ii)a Subclass 771 (Transit) visa; or

(iii)a Subclass 995 (Diplomatic (Temporary)) visa; or

(iv)a special purpose visa; or

(b)the applicant:

(i)does not hold a substantive visa; and

(ii)the last substantive visa held by the applicant was not a visa mentioned in paragraph (a); and

(iii)the applicant satisfies Schedule 3 criteria 3002, 3003, 3004 and 3005.

Schedule 2, clauses 428.221 to 428.223

substitute

428.222The Minister is satisfied that:

(a)the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act; and

(b)the nomination was made by a person who was a religious worker sponsor or a party to a work agreement of a kind mentioned in subregulation 2.76 (4) at the time the nomination was approved; and

(c)the approval of the nomination has not ceased under regulation 2.75A; and

(d)the applicant seeks to enter or remain in Australia to be engaged on a full-time basis to participate in work or an activity:

(i)that is predominately non-profit in nature; and

(ii)that directly serves the religious objectives of the religious institution that is the religious worker sponsor; and

(e)either:

(i)there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

428.222BThe Minister is satisfied that the applicant genuinely intends to stay temporarily in Australia to carry out the activity for which the applicant was identified in the nomination.

Schedule 2, paragraph 428.225 (b)

omit

4019.

insert

4019; and

Schedule 2, after paragraph 428.225 (b)

insert

(c)if the applicant has not turned 18 — satisfies public interest criteria 4012, 4017 and 4018.

Schedule 2, after clause 428.225

insert

428.225AThe Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s intended stay in Australia.

428.225BThe applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

Schedule 2, clause 428.322

substitute

428.322The Minister is satisfied that the religious worker sponsor who has most recently identified the member of the family unit who satisfies the primary criteria in a nomination has agreed in writing to be the religious worker sponsor in relation to the applicant.

428.322AThe Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

428.322BThe applicant has given to the Minister evidence of adequate arrangements in Australia for health insurance during the period of the applicant’s intended stay in Australia.

Schedule 2, after clause 428.611

insert

428.611AIf the applicant meets the primary or secondary criteria, condition 8501.

Schedule 2, clause 428.612

omit

8501,

Schedule 2, clauses 442.221 to 442.223

substitute

442.222(1) The Minister is satisfied that:

(a)the applicant is identified in a nomination of an occupation, a program or an activity approved under section 140GB of the Act, unless the occupational training is to be provided to the applicant by the Commonwealth; and

(b)if the occupational training is to be provided to the applicant by the Commonwealth — the occupational trainee sponsor has agreed in writing to be the occupational trainee sponsor in relation to the applicant; and

(c)the nomination mentioned in paragraph (a) was made by a person who was an occupational trainee sponsor at the time the nomination was approved; and

(d)the approval of the nomination mentioned in paragraph (a) has not ceased under regulation 2.75A; and

(e)the applicant seeks to enter or remain in Australia to undertake the occupational training; and

(f)either:

(i)there is no adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the person who made the approved nomination mentioned in paragraph (a) or a person associated with that person.

(2) For subclause (1), occupational training to be provided by the Commonwealth includes occupational training to be provided by:

(a)a body corporate incorporated for a public purpose under an Act or regulations made under an Act; or

(b)an authority or body (other than a body corporate) established for a public purpose under an Act or regulations made under an Act.

442.223The Minister is satisfied that occupational opportunities available to Australian citizens or permanent residents of Australia will not be adversely affected if the visa is granted.

Schedule 2, clause 442.230

omit

Schedule 2, clause 442.322

substitute

442.322The Minister is satisfied that the applicant has:

(a)adequate means to support himself or herself; or

(b)access to adequate means to support himself or herself;

taking into account the applicant’s work rights during the period of the applicant’s stay in Australia.

442.321AThe Minister is satisfied that the occupational trainee sponsor of the member of the family unit who satisfies the primary criteria has agreed in writing to be the occupational trainee sponsor in relation to the applicant.

Schedule 2, clause 470.111

omit

employed,

Schedule 2, clause 470.111

omit

1.20M

insert

2.57

Schedule 2, clause 470.111, note

substitute

Note professional development sponsor is defined in regulation 1.03.

Schedule 2, clause 470.112

omit

applicable agreement

insert

professional development agreement

Schedule 2, clause 470.112

omit

approved

Schedule 2, clause 470.222

substitute

470.222The applicant nominated a professional development sponsor as the applicant’s sponsor in the application for the visa.

470.222AThe professional development sponsor nominated by the applicant:

(a)has not ceased to be an approved sponsor; and

(b)has not withdrawn the agreement, in writing, to be a professional development sponsor in relation to the applicant; and

(c)is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act.

Note approved sponsor is defined in subsection 5 (1) of the Act.

Schedule 2, clause 470.223

before

sponsor

insert

professional development

Schedule 2, clause 470.225

omit

Schedule 2, clause 470.226

substitute

470.226The applicant:

(a)has an overseas employer; and

(b)is in a managerial or professional position in relation to the overseas employer.

Schedule 2, clause 470.227

omit

applicable agreement

insert

professional development agreement

Schedule 2, clause 470.228

omit

Schedule 2, clause 470.229

omit

approved

Schedule 2, clause 470.232

omit

approved

Schedule 2, clause 470.234

omit

applicable agreement

insert

professional development agreement

Schedule 2, clause 488.222

substitute

488.222The Minister is satisfied that:

(a)a superyacht crew sponsor has agreed to be the superyacht crew sponsor in relation to the applicant; and

(b)the superyacht crew sponsor is not barred from sponsoring the applicant under paragraph 140M (1) (c) of the Act; and

(c)either:

(i)there is no adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the superyacht crew sponsor mentioned in paragraph (a) or a person associated with that superyacht crew sponsor.

Schedule 2, subparagraph 571.223 (2) (b) (i)

substitute

(i)the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and

Schedule 2, subparagraph 572.223 (2) (b) (i)

substitute

(i)the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and

Schedule 2, subparagraph 573.223 (2) (b) (i)

substitute

(i)the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and

Schedule 2, subparagraph 574.223 (2) (b) (i)

substitute

(i)the applicant has the financial capacity to undertake the course, without contravening any condition of the visa relating to work, because the applicant has access to sufficient funds of the person’s own or provided by a relative; and

Schedule 8, condition 8107

substitute

(1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

(a)cease to be employed by the employer in relation to which the visa was granted; or

(b)work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

(c)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.

(2) If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:

(a)cease to undertake the activity in relation to which the visa was granted; or

(b)engage in an activity inconsistent with the activity in relation to which the visa was granted; or

(c)engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

(3) If the visa is a Subclass 457 (Business (Long Stay)) visa:

(a)the holder must work only:

(i)in the occupation listed in the most recently approved nomination for the holder; and

(ii)for:

(A)the standard business sponsor, former standard business sponsor, party to a labour agreement or former party to a labour agreement (the sponsor) who nominated the holder in the most recently approved nomination; or

(B)an associated entity of the sponsor;

unless:

(iii)the holder’s occupation is specified in an instrument in writing for subparagraph 2.72 (10) (d) (ii) or (iii); or

(iv)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; and

(b)if the holder ceases employment — the period during which the holder ceases employment must not exceed 28 consecutive days.

(4) If:

(a)the visa is:

(i)a Subclass 411 (Exchange) visa; or

(ii)a Subclass 419 (Visiting Academic) visa; or

(iii)a Subclass 420 (Entertainment) visa; or

(iv)a Subclass 421 (Sport) visa; or

(v)a Subclass 423 (Media and Film Staff) visa; or

(vi)a Subclass 427 (Domestic Worker (Temporary) — Executive) visa; or

(vii)a Subclass 428 (Religious Worker) visa; or

(viii)a Subclass 442 (Occupational Trainee) visa; and

(b)in the case of a holder of a Subclass 442 (Occupational Trainee) visa — the occupational training is not provided to the holder by the Commonwealth;

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 (within the meaning of subregulation 2.72A (8)) other than the employer identified in accordance with paragraph 2.72A (7) (a) in the most recent nomination in which the holder is identified.

Schedule 10, after Form 3

insert

Form 4 Identity card

(regulation 2.102B)

COMMONWEALTH OF AUSTRALIA

Migration Act 1958

INSPECTOR’S IDENTITY CARD

For subsection 140W (1) of the Migration Act 1958, I, [name], Minister for Immigration and Citizenship [or a delegate of the Minister for Immigration and Citizenship], certify that [name] whose photograph and signature appear on this card is an inspector for the purposes of the Act.

Dated [date]

[signature of Minister or delegate]

[photograph]

[signature of inspector]

Note

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