Migration Amendment (Temporary Sponsored Visas) Act 2013
No. 122, 2013
Compilation No. 1
Compilation date: 29 June 2013
Includes amendments up to: Act No. 67, 2016
Registered: 31 October 2016
About this compilation
This compilation
This is a compilation of the Migration Amendment (Temporary Sponsored Visas) Act 2013 that shows the text of the law as amended and in force on 29 June 2013 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Sponsorship visas: preliminary
Migration Act 1958
Schedule 2—Labour market testing
Part 1—Amendment of the Migration Act 1958
Part 2—Amendment of the Migration Regulations 1994
Part 3—Saving and application
Schedule 3—Subclass 457 visa conditions
Migration Regulations 1994
Schedule 4—Sponsorship obligations
Part 1—Amendments
Migration Act 1958
Part 2—Saving
Schedule 5—Enforceable undertakings by sponsors
Part 1—Amendments commencing on day of Royal Assent
Division 1—Amendments
Migration Act 1958
Division 2—Application
Part 2—Amendments contingent on the commencement of Part 6 of the Regulatory Powers (Standard Provisions) Act 2013
Division 1—Amendments
Migration Act 1958
Division 2—Application and saving
Schedule 6—Sponsorship inspector powers
Part 1—Amendments
Migration Act 1958
Part 2—Application
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act to amend the Migration Act 1958, and for related purposes
1 Short title
This Act may be cited as the Migration Amendment (Temporary Sponsored Visas) Act 2013.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column…
Overview
The Migration Amendment (Temporary Sponsored Visas) Act 2013 was enacted by the Australian Parliament to amend the Migration Act 1958 and associated regulations, focusing on the temporary sponsored work visa program. The Act aimed to address genuine skills shortages in the Australian labour market without displacing employment and training opportunities for Australian citizens and permanent residents. It also sought to balance the rights of non-citizens sponsored to work in Australia with the need to prevent the inappropriate use of the visa program. The policy objective was to ensure that the temporary sponsored work visa program serves as a supplementary measure to the skilled migration program, providing a framework for skilled migration that protects sponsored non-citizens and ensures fair competition in the labour market. The Act introduced various amendments, including changes to labour market testing conditions, sponsorship obligations, and enforcement mechanisms to strengthen the integrity and effectiveness of the temporary work visa program.
Scope and Application
The Migration Amendment (Temporary Sponsored Visas) Act 2013 amends the Migration Act 1958 and the Migration Regulations 1994 to introduce and regulate temporary sponsored work visas, specifically addressing genuine skills shortages in the Australian labour market. The Act applies to approved sponsors nominating non-citizens for temporary work visas, ensuring that the program does not displace employment opportunities for Australian citizens and permanent residents. It introduces obligations for sponsors to protect non-citizens and ensures that the program is not used inappropriately. The Act extends to all states and territories of Australia and imposes requirements such as labour market testing, ensuring that suitably qualified and experienced Australian citizens or permanent residents are not readily available to fill nominated positions before a non-citizen can be sponsored. The Act also allows for exemptions from labour market testing in cases of major disasters or for certain skilled occupations and experiences. Additionally, it imposes specific sponsorship obligations on approved sponsors, including payment of market salary rates, compliance with prescribed requirements, and cooperation with inspectors. The Act also extends inspector powers to Fair Work Inspectors, allowing them to exercise compliance powers for the purposes of the Act. The application and enforcement of the Act, including the acceptance and enforcement of undertakings by sponsors, are governed by the Regulatory Powers (Standard Provisions) Act 2013.
Key Provisions
- The Migration Amendment (Temporary Sponsored Visas) Act 2013 amends the Migration Act 1958 and the Migration Regulations 1994 to introduce and modify various aspects of the temporary sponsored work visa program. Key sections include the introduction of new visa conditions (Schedule 3), sponsorship obligations (Schedule 4), enforceable undertakings by sponsors (Schedule 5), and enhanced inspector powers (Schedule 6).
- The Act imposes several obligations on the parties involved. Approved sponsors must ensure that non-citizens sponsored to work in Australia under the program are protected and that the program is not used inappropriately. They must also comply with specific sponsorship obligations, such as paying a market salary rate to visa holders and keeping prescribed information. Employers must also ensure that visa holders participate in nominated occupations, programs, or activities.
- The Act outlines various offences and penalties for breaches of sponsorship obligations. Breaches may result in the Minister applying to an eligible court for an order to compel compliance, direct payment of financial benefits obtained from the breach, or compensation for any loss or damage caused by the breach. Additionally, the Act provides for the cancellation of visas and the imposition of civil penalty provisions.
- Under the amended legislation, inspectors, including Fair Work Inspectors, are granted enhanced powers to investigate compliance with sponsorship obligations and to enforce compliance with the Act. Inspectors can exercise their powers for purposes such as investigating offences or contraventions of civil penalty provisions under the Act.
- Overall, the Migration Amendment (Temporary Sponsored Visas) Act 2013 seeks to address genuine skills shortages in the Australian labour market while ensuring the integrity and appropriate use of the temporary sponsored work visa program. It imposes obligations on approved sponsors, establishes enforcement mechanisms, and enhances inspector powers to monitor and enforce compliance with the Act.
- Area of Law
- Immigration & Refugee Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Regulatory Standards
- Prohibited Conduct
- Enforcement Powers