Migration Legislation Amendment Regulation 2012 (No. 4) (Cth)

Migration Legislation Amendment Regulation 2012 (No. 4)¹

Select Legislative Instrument 2012 No. 238

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958.

Dated 11 October 2012

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS BOWEN

Minister for Immigration and Citizenship

Contents

1Name of regulation                                              2

2Commencement                                                 2

3Amendment of Migration Regulations 1994                  2

4Amendment of Migration Agents Regulations 1998        2

Schedule 1Amendments of Migration Regulations 1994 3

Schedule 2Further amendments 123

Schedule 3Further amendments 126

Schedule 4Further amendments 127

Schedule 5Amendments of Migration Agents Regulations 1998 129

Name of regulation

This regulation is the Migration Legislation Amendment Regulation 2012 (No. 4).

Commencement

This regulation commences on 24 November 2012.

Amendment of Migration Regulations 1994

Schedules 1 to 4 amend the Migration Regulations 1994.

Amendment of Migration Agents Regulations 1998

Schedule 5 amends the Migration Agents Regulations 1998.

Schedule 1 Amendments of Migration Regulations 1994

(section 3)

[1] Regulation 1.03, definition of domestic worker sponsor, paragraph (b)

substitute

(b)is approved as a sponsor in relation to the domestic worker sponsor class by the Minister under subsection 140E (1) of the Act, on the basis of an application made before 24 November 2012.

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

[2] Regulation 1.03, definition of exchange sponsor, paragraph (b)

substitute

(b)is approved as a sponsor in relation to the exchange sponsor class by the Minister under subsection 140E (1) of the Act, on the basis of an application made before 24 November 2012.

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

[3] Regulation 1.03, definition of foreign government agency sponsor, paragraph (b)

substitute

(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, on the basis of an application made before 24 November 2012.

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

[4] Regulation 1.03, definition of IASS agreement

omit

[5] Regulation 1.03, definition of occupational trainee

omit

[6] Regulation 1.03, definition of occupational trainee sponsor, paragraph (b)

substitute

(b)is approved as a sponsor in relation to the occupational trainee sponsor class by the Minister under subsection 140E (1) of the Act, on the basis of an application made before 24 November 2012.

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

[7] Regulation 1.03, definition of religious worker sponsor, paragraph (b)

substitute

(b)is approved as a sponsor in relation to the religious worker sponsor class by the Minister under subsection 140E (1) of the Act, on the basis of an application made before 24 November 2012.

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

[8] Regulation 1.03, definition of sport sponsor, paragraph (b)

substitute

(b)is approved as a sponsor in relation to the sport sponsor class by the Minister under subsection 140E (1) of the Act, on the basis of an application made before 24 November 2012.

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

[9] Regulation 1.03, definition of temporary work sponsor, paragraph (j)

substitute

(j)a superyacht crew sponsor;

(k)a long stay activity sponsor;

(l)a training and research sponsor.

[10] Regulation 1.03, definition of visiting academic sponsor, paragraph (b)

substitute

(b)is approved as a sponsor in relation to the visiting academic sponsor class by the Minister under subsection 140E (1) of the Act, on the basis of an application made before 24 November 2012.

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

[11] Regulation 1.03

insert

long stay activity sponsor means a person who:

(a)is an approved sponsor; and

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

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

[12] Regulation 1.03

insert

Subclass 420 (Entertainment) visa includes a Subclass 420 (Temporary Work (Entertainment)) visa.

Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa.

[13] Regulation 1.03

insert

Subclass 420 (Temporary Work (Entertainment)) visa includes a Subclass 420 (Entertainment) visa.

Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa.

[14] Regulation 1.03

insert

Subclass 457 (Business (Long Stay)) visa includes a Subclass 457 (Temporary Work (Skilled)) visa.

Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 457 (Business (Long Stay)) visa.

[15] Regulation 1.03

insert

Subclass 457 (Temporary Work (Skilled)) visa includes a Subclass 457 (Business (Long Stay)) visa.

Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 457 (Business (Long Stay)) visa.

[16] Regulation 1.03

insert

training and research sponsor means a person who:

(a)is an approved sponsor; and

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

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

[17] Subparagraph 1.08 (d) (i)

omit

Subclass 457 (Business (Long Stay)) visa

insert

Subclass 457 (Temporary Work (Skilled)) visa

[18] Subregulation 1.12 (10)

omit

Subclass 457 (Business (Long Stay)) visa

insert

Subclass 457 (Temporary Work (Skilled)) visa

[19] Paragraph 1.12 (11) (a)

omit each mention of

Subclass 457 (Business (Long Stay)) visa

insert

Subclass 457 (Temporary Work (Skilled)) visa

[20] Paragraph 1.12 (12) (a)

omit each mention of

Subclass 457 (Business (Long Stay)) visa

insert

Subclass 457 (Temporary Work (Skilled)) visa

[21] Regulation 1.16B

omit

[22] Paragraphs 1.20 (4) (ea) to (ec)

omit

[23] Paragraph 1.20 (4) (fa)

omit

[24] Paragraph 1.20 (4) (h)

substitute

(ga)Special Program (Temporary) (Class TE);

(gb)Subclass 401 (Temporary Work (Long Stay Activity));

(gc)Subclass 402 (Training and Research);

(gd)Subclass 420 (Temporary Work (Entertainment));

(h)Subclass 457 (Temporary Work (Skilled)).

[25] Regulation 1.40

substitute

1.40Eligible passport and principal course

(1)In this Division, a passport is an eligible passport if:

(a)it is a valid passport of a kind specified by the Minister in an instrument in writing for this subregulation; and

(b)the conditions (if any) specified by the Minister in an instrument in writing for passports of that kind are satisfied.

(2)In a provision of:

(a)this Division; or

(b)Part 402, 570, 571, 572, 573, 574 or 575 of Schedule 2; or

(c)Schedule 5A;

if an applicant for a student visa proposes to undertake a course of study that is a registered course, or an applicant for a Subclass 402 (Training and Research) visa has undertaken a course of study that is a registered course, the course is the principal course.

(3)For subregulation (2), if:

(a)an applicant for a student visa proposes to undertake 2 or more courses of study that are registered courses, or an applicant for a Subclass 402 (Training and Research) visa has undertaken 2 or more courses of study that are registered courses; and

(b)either:

(i)one of the courses of study (course A) is a prerequisite to another of the courses (course B); or

(ii)one of the courses of study (course B) may be taken only after the completion of another of the courses (course A);

course B, not course A, is the principal course.

[26] Regulation 2.07AH

omit

Subclass 457 (Business (Long Stay)) visa

insert

Subclass 457 (Temporary Work (Skilled)) visa

[27] Paragraphs 2.12F (2B) (a) and (b)

omit

[28] Paragraph 2.12F (2B) (f)

substitute

(g)Special Program (Temporary) (Class TE);

(h)Subclass 401 (Temporary Work (Long Stay Activity));

(i)Subclass 402 (Training and Research);

(j)Subclass 420 (Temporary Work (Entertainment)).

[29] Subparagraph 2.43 (1) (ia) (i)

substitute

(i)a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

(ia)a Subclass 402 (Training and Research) visa; or

(ib)a Subclass 403 (Temporary Work (International Relations)) visa; or

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

[30] Paragraph 2.43 (1) (kb)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[31] Paragraph 2.43 (1) (l)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[32] Paragraph 2.43 (1) (la)

omit

Subclass 457 (Business (Long Stay)) visa

insert

Subclass 457 (Temporary Work (Skilled)) visa

[33] Subparagraph 2.43 (1) (lc) (i)

substitute

(i)a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

(ia)a Subclass 402 (Training and Research) visa; or

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

[34] Subparagraph 2.43 (1) (ld) (i)

substitute

(i)a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

(ia)a Subclass 402 (Training and Research) visa; or

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

[35] Subparagraph 2.43 (1) (ld) (ix)

substitute

(ix)a Subclass 457 (Temporary Work (Skilled)) visa;

[36] Subparagraph 2.43 (1) (le) (iii)

substitute

(iii)a Subclass 457 (Temporary Work (Skilled)) visa;

[37] Paragraph 2.43 (1B) (b)

omit

[38] Paragraph 2.56 (a)

substitute

(a)the Subclass 401 (Temporary Work (Long Stay Activity)) visa;

(aa)the Subclass 402 (Training and Research) visa;

(ab)the Subclass 411 (Exchange) visa;

[39] Paragraph 2.56 (k)

substitute

(k)the Subclass 457 (Temporary Work (Skilled)) visa;

[40] Subregulation 2.57 (1), definition of foreign government agency, paragraph (c)

substitute

(c)an organisation:

(i)that is conducted under the official auspices of an international organisation recognised by Australia; and

(ii)that is operating in Australia.

[41] Subregulation 2.57 (1), definition of overseas employer

substitute

overseas employer, in relation to a person who applies, or proposes to apply, for a Training and Research (Class GC) visa, means:

(a)a body corporate, or an unincorporated association (other than an individual or sole trader), that conducts activities under the auspices of the government of a foreign country or a province, territory or state of a foreign country; and

(b)a multilateral agency that:

(i)is operating; and

(ii)has operated for a continuous period of 12 months before the date of the application; or

(c)a registered business that:

(i)is conducted by a body corporate or unincorporated association (other than an individual or sole trader) outside Australia; and

(ii)is actively and lawfully operating outside Australia; and

(iii)has actively and lawfully operated outside Australia for a continuous period of 12 months before the date of application; and

(iv)employs the person.

[42] Subregulation 2.57 (1), definition of primary sponsored person, sub-subparagraph (b) (i) (A)

substitute

(A)who holds a Subclass 457 (Temporary Work (Skilled)) visa; and

[43] Subregulation 2.57 (1), definition of primary sponsored person, sub-subparagraph (b) (ii) (C)

substitute

(C)whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa; and

[44] Subregulation 2.57 (1), definition of professional development agreement

substitute

professional development agreement means a written agreement between:

(a)a person applying for approval as a professional development sponsor; and

(b)an overseas employer of the person who is intended to be a primary sponsored person.

[45] Subregulation 2.57 (1), definition of professional development program

omit

subregulation 2.60 (3)

insert

subregulation 2.60 (2)

[46] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (i) (A)

substitute

(A)who holds a Subclass 457 (Temporary Work (Skilled)) visa; and

[47] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (ii) (A)

substitute

(A)who holds a Subclass 457 (Temporary Work (Skilled)) visa; and

[48] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (iii) (C)

substitute

(C)whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa; and

[49] Subregulation 2.57 (1), definition of secondary sponsored person, sub-subparagraph (b) (iv) (C)

substitute

(C)whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa; and

[50] Subregulation 2.57 (1), definition of sporting organisation

substitute

sporting organisation means:

(a)an Australian organisation that administers or promotes sport or sporting events; or

(b)a government agency that administers or promotes sport or sporting events; or

(c)a foreign government agency that administers or promotes sport or sporting events.

[51] Paragraph 2.58 (l)

substitute

(l)a superyacht crew sponsor;

(m)a long stay activity sponsor;

(n)a training and research sponsor.

[52] Paragraph 2.59 (h)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[53] Regulation 2.60

substitute

2.60Criterion for approval as a professional development sponsor

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

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

(b)the applicant is:

(i)an Australian organisation that has operated in Australia continuously for a period of 12 months immediately prior to making the application for approval as a professional development sponsor; or

(ii)an Australian organisation that has been approved by the Minister for the purpose of this subparagraph; or

(iii)a government agency; and

(c)each of the following applies:

(i)the applicant is a party to a professional development agreement;

(ii)the agreement is in force at the time of the Minister’s consideration of the application;

(iii)the applicant has completed form 1402A as required by the form; and

(d)the applicant is offering to conduct a professional development program that satisfies the requirements mentioned in subregulation (2); and

(e)the applicant has demonstrated an overall capacity to conduct a professional development program involving primary sponsored persons; and

(f)the applicant has paid any security requested by an authorised officer under section 269 of the Act; and

(g)each of the parties to the professional development agreement has the capacity to meet its financial commitments; and

(h)either:

(i)there is no adverse information known to Immigration about the applicant, a person associated with the applicant, or the overseas employer of the person who is intended to be a primary sponsored person; or

(ii)it is reasonable to disregard any adverse information known to Immigration about the applicant, a person associated with the applicant or the overseas employer of the person who is intended to be a primary sponsored person.

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

(2)The professional development program mentioned in paragraph (1) (d) must meet the following requirements:

(a)the program must be relevant to, and consistent with, the development of the skills of the managers or professionals, or both, that it is proposed will participate in the program;

(b)the program must provide skills and expertise relevant to, and consistent with, the business and business background of a proposed primary sponsored person’s overseas employer;

(c)the duration of the program must not exceed:

(i)18 months; or

(ii)if the Secretary is satisfied that exceptional circumstances exist that warrant an extension of the period of the program—a longer period approved by the Secretary;

(d)
the primary form of the program must be the provision

of face-to-face teaching in a classroom or similar environment;

(e)the primary content of the program must not be a practical component;

(f)any practical component of the program:

(i)must not exceed 7 hours in any day and 35 hours in any week; and

(ii)must not adversely affect the Australian labour market; and

(iii)must require or involve the payment of remuneration to a proposed primary sponsored person only by the proposed primary sponsored person’s overseas employer.

[54] Regulations 2.60B and 2.60C

substitute

2.60BCriterion for approval as an exchange sponsor

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

(2)The application must be made before 24 November 2012.

2.60CCriterion for approval as a foreign government agency sponsor

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

(2)The application must be made before 24 November 2012.

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 415 (Foreign Government Agency) visa. If an application for approval as a foreign government agency sponsor is not associated with an application for a Subclass 415 visa, the sponsorship application fee may be refunded: see regulation 2.61.

[55] Regulation 2.60E

substitute

2.60ECriterion for approval as a visiting academic sponsor

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

(2)The application must be made before 24 November 2012.

[56] Regulations 2.60G to 2.60J

substitute

2.60GCriterion for approval as a sport sponsor

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

(2)The application must be made before 24 November 2012.

2.60HCriterion for approval as a domestic worker sponsor

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

(2)The application must be made before 24 November 2012.

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 427 (Domestic Worker (Temporary)—Executive) visa. If an application for approval as a domestic worker sponsor is not associated with an application for a Subclass 427 visa, the sponsorship application fee may be refunded: see regulation 2.61.

2.60ICriterion for approval as a religious worker sponsor

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

(2)The application must be made before 24 November 2012.

2.60JCriterion for approval as an occupational trainee sponsor

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

(2)The application must be made before 24 November 2012.

[57] After regulation 2.60K

insert

2.60LCriterion for approval as a long stay activity sponsor

(1)For subsection 140E (1) of the Act, and in addition to the criteria set out in regulation 2.60A, this regulation sets out the criterion that must be satisfied for the Minister to approve an application by a person for approval as a long stay activity sponsor.

(2)The person must be:

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

(b)a religious institution that is lawfully operating in Australia; or

(c)an Australian organisation that is lawfully operating in Australia and has an agreement with a foreign organisation relating to the exchange of staff; or

(d)a government agency that has an agreement with a foreign organisation relating to the exchange of staff; or

(e)a foreign government agency that has an agreement with a foreign organisation relating to the exchange of staff.

2.60MCriteria for approval as a training and research sponsor

(1)For subsection 140E (1) of the Act, and in addition to the criteria set out in regulation 2.60A, this regulation sets out the criteria that must be satisfied for the Minister to approve an application by a person for approval as a training and research sponsor.

(2)The person must be:

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

(b)a government agency; or

(c)a foreign government agency.

(3)The person must be:

(a)intending to engage in occupational training; or

(b)a tertiary or research institution.

[58] Subregulation 2.61 (2), table

substitute

Item	If the person …	the approved form is …	and the application fee is …
1	(a) makes an application for approval as a standard business sponsor; and (b) operates a business in Australia	1196S or 1196 (Internet)	$420
2	(a) makes an application for approval as a standard business sponsor; and (b) does not operate a business in Australia	1196S	$420
3	(a) makes an application for approval as a professional development sponsor; and (b) is a Commonwealth agency	1402S	nil
4	(a) makes an application for approval as a professional development sponsor; and (b) is not a Commonwealth agency	1402S	$1 660
5	makes an application for approval as a long stay activity sponsor	1401S	$420
6	makes an application for approval as a training and research sponsor	1402S	$420
7	makes an application for approval as an entertainment sponsor	1420S	$420
8	makes an application for approval as a special program sponsor	1416S	$420
9	makes an application for approval as a superyacht crew sponsor	1366	nil

[59] Regulation 2.65

substitute

2.65Application

This Division applies in relation to an approval as:

(a)a standard business sponsor; or

(b)a temporary work sponsor who is not

(i)an exchange sponsor; or

(ii)a foreign government agency sponsor; or

(iii)a sport sponsor; or

(iv)a domestic worker sponsor; or

(v)a religious worker sponsor; or

(vi)an occupational trainee sponsor; or

(vii)a visiting academic sponsor.

Note Amendments of these Regulations that commenced on 24 November 2012 closed the sponsorship categories of exchange sponsor, foreign government agency sponsor, sport sponsor, domestic worker sponsor, religious worker sponsor, occupational trainee sponsor and visiting academic sponsor. The terms of an approval as one of those sponsors are no longer able to be varied.

[60] Regulation 2.66A, heading

substitute

2.66AProcess to apply for variation of terms of approval as certain temporary work sponsors

[61] Subregulation 2.66A (1)

substitute

(1)For subsection 140GA (1) of the Act:

(a)a person may apply to the Minister for a variation of a term of an approval as a long stay activity sponsor by making an application in accordance with approved form 1401S; and

(b)a person may apply to the Minister for a variation of a term of an approval as a training and research sponsor by making an application in accordance with approved form 1402S; and

(c)a person may apply to the Minister for a variation of a term of an approval as an entertainment sponsor by making an application in accordance with approved form 1420S; and

(d)a person may apply to the Minister for a variation of a term of an approval as a special program sponsor by making an application in accordance with approved form 1416S.

[62] Paragraph 2.68 (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[63] Regulation 2.72, heading

substitute

2.72Criteria for approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa

[64] Subregulation 2.72 (1)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[65] Subregulation 2.72 (6)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[66] Subparagraph 2.72 (7A) (a) (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[67] Subparagraph 2.72 (7A) (a) (ii)

omit

the Subclass 457 (Business (Long Stay)) visa

insert

the Subclass 457 (Temporary Work (Skilled)) visa

[68] Subparagraph 2.72 (7A) (b) (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[69] Subparagraph 2.72 (7A) (b) (iii)

omit

the Subclass 457 (Business (Long Stay)) visa

insert

the Subclass 457 (Temporary Work (Skilled)) visa

[70] Subregulation 2.72A (1)

substitute

(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 visa and a person, as explained by the table.

Item	Visa to which the nomination relates	Person to whom the nomination relates
1	Subclass 401 (Temporary Work (Long Stay Activity)) visa	Holder Applicant Proposed applicant
2	Subclass 402 (Training and Research) visa	Holder Applicant Proposed applicant
3	Subclass 411 (Exchange) visa	Holder Applicant
4	Subclass 419 (Visiting Academic) visa	Applicant
5	Subclass 420 (Temporary Work (Entertainment)) visa	Holder Applicant Proposed applicant
6	Subclass 421 (Sport) visa	Holder Applicant
7	Subclass 423 (Media and Film Staff) visa	Applicant
8	Subclass 427 (Domestic Worker (Temporary)—Executive) visa	Applicant
9	Subclass 428 (Religious Worker) visa	Holder Applicant
10	Subclass 442 (Occupational Trainee) visa	Holder Applicant

[71] Subregulation 2.72A (3)

substitute

(3)The Minister is satisfied that the person has:

(a)made a nomination of an occupation or activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 420 (Temporary Work (Entertainment)) visa in accordance with the process set out in regulation 2.73B; or

(b)made a nomination of an occupation or activity in relation to an applicant for a Subclass 423 (Media and Film Staff) visa in accordance with the process set out in regulation 2.73B; or

(c)made a nomination of an occupation or activity in relation to a holder of, or an applicant for, a Subclass 421 (Sport) visa in accordance with the process set out in regulation 2.73C; or

(d)made a nomination of an occupation, a program

or an activity in relation to a visa and a person, as explained by the table in accordance with the process set out in regulation 2.73A.

Item	Visa to which the nomination relates	Person to whom the nomination relates
1	Subclass 401 (Temporary Work (Long Stay Activity)) visa	Holder Applicant Proposed applicant
2	Subclass 402 (Training and Research) visa	Holder Applicant Proposed applicant
3	Subclass 411 (Exchange) visa	Holder Applicant
4	Subclass 419 (Visiting Academic) visa	Applicant
5	Subclass 427 (Domestic Worker (Temporary)—Executive) visa	Applicant
6	Subclass 428 (Religious Worker) visa	Holder Applicant
7	Subclass 442 (Occupational Trainee) visa	Holder Applicant

[72] Paragraph 2.72B (1) (a)

substitute

(a)who is an exchange sponsor or a long stay activity sponsor; and

[73] Paragraph 2.72B (1) (b)

omit

or a proposed applicant

[74] After subregulation 2.72B (1)

insert

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 411 (Exchange) visa. If a nomination does not identify an applicant or holder described in this subregulation, the nomination fee may be refunded: see subregulation 2.73A (7).

[75] Subregulation 2.72B (2)

after

exchange sponsor

insert

or the long stay activity sponsor

[76] Subregulation 2.72B (3)

after

exchange sponsor

insert

or a long stay activity sponsor

[77] Subregulation 2.72B (4)

after each mention of

exchange sponsor

insert

or the long stay activity sponsor

[78] Paragraph 2.72C (1) (b)

substitute

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

[79] After subregulation 2.72C (1)

insert

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 419 (Visiting Academic) visa. If a nomination does not identify an applicant described in this subregulation, the nomination fee may be refunded: see subregulation 2.73A (7).

[80] Subregulation 2.72C (4)

omit

identified visa holder or applicant

insert

identified visa applicant

[81] Subregulation 2.72C (5)

omit each mention of

identified visa holder or applicant

insert

identified visa applicant

[82] Subregulation 2.72C (6)

omit

identified visa holder or applicant

insert

identified visa applicant

[83] Regulation 2.72D, heading

substitute

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

[84] Paragraph 2.72D (1) (b)

omit

, a program

[85] Paragraph 2.72D (2) (b)

omit

(4) to (9)

insert

(4) to (10)

[86] Subregulation 2.72D (8), heading

substitute

Support staff for profit

[87] Paragraph 2.72D (8) (a)

substitute

(a)the identified visa holder or applicant will be supporting an entertainer or a body of entertainers in relation to a performing contract for one or more specific engagements (other than non-profit engagements) in Australia by assisting a performance or by providing personal services; and

[88] Paragraph 2.72D (9) (a)

substitute

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

(i)performing as an entertainer in one or more specific engagements that are for non-profit purposes; or

(ii)supporting an entertainer or a body of entertainers in relation to one or more specific engagements that are for non-profit purposes, by assisting a performance or by providing personal services; and

[89] After subregulation 2.72D (9)

insert

Documentary program or commercial for use outside Australia

The Minister is satisfied that:

(a)the identified visa holder or applicant will make a documentary program or commercial that is for an overseas market; and

(b)there is no suitable person in Australia who is capable of doing, and available to do, the nominated occupation or activity; and

(c)the nominated occupation or activity would not be contrary to the interests of Australia.

[90] Paragraph 2.72E (1) (a)

substitute

(a)who is a sport sponsor or a long stay activity sponsor; and

[91] Paragraph 2.72E (1) (b)

omit

or a proposed applicant

[92] After subregulation 2.72E (1)

insert

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 421 (Sport) visa. If a nomination does not identify an applicant or holder described in this subregulation, the nomination fee may be refunded: see subregulation 2.73C (7).

[93] Subregulation 2.72E (2)

after

the sport sponsor

insert

or the long stay activity sponsor

[94] Paragraph 2.72E (2) (a)

after

a sport sponsor

insert

or a long stay activity sponsor

[95] Subregulation 2.72E (3)

omit

[96] Subregulation 2.72E (5)

after each mention of

sport sponsor

insert

or the long stay activity sponsor

[97] Subregulation 2.72E (6)

after each mention of

sport sponsor

insert

or the long stay activity sponsor

[98] Paragraph 2.72F (1) (b)

substitute

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to an applicant for a Subclass 423 (Media and Film Staff) visa (the identified visa applicant).

[99] After subregulation 2.72F (1)

insert

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 423 (Media and Film Staff) visa. If a nomination does not identify an applicant described in this subregulation, the nomination fee may be refunded: see subregulation 2.73B (8).

[100] Paragraph 2.72F (4) (a)

omit

identified visa holder or applicant

insert

identified visa applicant

[101] Paragraph 2.72F (5) (a)

omit

identified visa holder or applicant

insert

identified visa applicant

[102] Paragraph 2.72F (6) (a)

omit

identified visa holder or applicant

insert

identified visa applicant

[103] Paragraph 2.72G (1) (b)

substitute

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation in relation to an applicant for a Subclass 427 (Domestic Worker (Temporary)—Executive) visa (the identified visa applicant).

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 427 (Domestic Worker (Temporary)—Executive) visa. If a nomination does not identify an applicant described in this subregulation, the nomination fee may be refunded: see subregulation 2.73A (7).

[104] Subregulations 2.72G (4) to (7)

omit

holder or

[105] Paragraph 2.72H (1) (a)

substitute

(a)who is a religious worker sponsor or a long stay activity sponsor; and

[106] Paragraph 2.72H (1) (b)

omit

or a proposed applicant

[107] After subregulation 2.72H (1)

insert

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 428 (Religious Worker) visa. If a nomination does not identify an applicant or holder described in this subregulation, the nomination fee may be refunded: see subregulation 2.73A (7).

[108] Subregulation 2.72H (2)

omit

or the party to a work agreement are set out in subregulations (3) to (5)

insert

or the long stay activity sponsor are set out in subregulations (3) and (4)

[109] Subregulation 2.72H (3)

omit

or a party to a work agreement (other than a Minister) of a kind mentioned in subregulation 2.76 (4)

insert

or a long stay activity sponsor

[110] Subregulation 2.72H (4)

omit

If the person making the nomination is a religious worker sponsor, the Minister

insert

The Minister

[111] Subparagraph 2.72H (4) (a) (ii)

after

the religious worker sponsor

insert

or the long stay activity sponsor

[112] Subregulation 2.72H (5)

omit

[113] Regulation 2.72I, heading

substitute

2.72ICriteria for approval of nomination—Subclass 442 (Occupational Trainee) visa and Subclass 402 (Training and Research) visa

[114] Subregulation 2.72I (1)

substitute

(1)This regulation applies to a person:

(a)who is an occupational trainee sponsor or a training and research sponsor; and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation, a program or an activity in relation to either of the following persons (the identified visa holder or applicant):

(i)a holder of, or an applicant for, a Subclass 442 (Occupational Trainee) visa;

(ii)a holder of, or an applicant or proposed applicant for, a Subclass 402 (Training and Research) visa.

Note Amendments of these Regulations that commenced on 24 November 2012 repealed the Subclass 442 (Occupational Trainee) visa. If a nomination does not identify an applicant or holder described in this subregulation, the nomination fee may be refunded: see subregulation 2.73A (7).

[115] Subregulation 2.72I (2)

after

occupational trainee sponsor

insert

or the training and research sponsor

[116] Subregulation 2.72I (3)

after

occupational trainee sponsor

insert

or a training and research sponsor

[117] Paragraph 2.72I (5) (b)

omit

[118] Paragraph 2.72I (5) (ba)

omit

if the nomination is made on or after 1 July 2010—

[119] After regulation 2.72I

insert

2.72JCriteria for approval of nomination—Subclass 401 (Temporary Work (Long Stay Activity)) visa

(1)This regulation applies to a person:

(a)who is:

(i)a long stay activity sponsor; or

(ii)an exchange sponsor; or

(iii)a sport sponsor; or

(iv)a religious worker sponsor; and

(b)who, under paragraph 140GB (1) (b) of the Act, has nominated an occupation or an activity in relation to a holder of, or an applicant or a proposed applicant for, a Subclass 401 (Temporary Work (Long Stay Activity)) 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 the nomination by the person are set out in one of subregulations (3), (4) and (5).

Staff Exchange

(3)If the person is a long stay activity sponsor who is a party to an exchange agreement, or an exchange sponsor, the Minister is satisfied that:

(a)there is a written agreement in place between the person and a reciprocating foreign organisation; and

(b)the agreement provides for the identified visa holder or applicant to work for the person in the nominated occupation or activity in Australia for a specified period; and

(c)the agreement 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; and

(d)the exchange, as set out in paragraphs (a) to (c), will be of benefit to both the identified visa holder or applicant, and to the Australian citizen or Australian permanent resident; and

(e)the nominated position is a skilled position.

Sporting Activity

(4)If the person is a long stay activity sponsor who is a sporting organisation, or a sport sponsor:

(a)the Minister is satisfied that:

(i)the identified visa holder or applicant:

(A)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

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

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

(I)is an Australian citizen or an Australian permanent resident; and

(II)is known internationally in the field of sport; and

(III)has a record of participation in international events;

in one or more specified sporting events; and

(ii)the identified visa holder or applicant is not a player, a coach or an instructor in relation to an Australian sporting team or sporting organisation; or

(b)the Minister is satisfied that:

(i)the person and the identified visa holder or applicant have entered into a formal arrangement that provides for the identified visa holder or applicant to be a player, a coach or an instructor in relation to an Australian sporting team or sporting organisation; and

(ii)the formal arrangement specifies the period during which the identified visa holder or applicant will be a player, a coach or an instructor in relation to the Australian team or organisation; and

(iii)the arrangement will be of benefit to the sport in Australia; and

(iv)the identified visa holder or applicant has an established reputation in the field of sport; and

(v)the person has provided a letter of endorsement from the national sporting body responsible for administering the sport in Australia, certifying that:

(A)the identified visa holder or applicant has the ability to play, coach or instruct at the Australian national level; and

(B)the participation of the identified visa holder or applicant in the sport in Australia would benefit the sport in Australia by raising the standard of competition; or

(c)the Minister is satisfied that the identified visa holder or applicant:

(i)will act as a judge or adjudicator at one or more sporting events or sporting competitions in Australia; and

(ii)has the appropriate experience and skills to perform that role.

Religious Work

(5)If the person is a long stay activity sponsor who is a religious institution, or a religious worker sponsor, the Minister is satisfied that the identified visa holder or applicant:

(a)will be engaged on a full-time basis to work or participate in an activity in Australia that:

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

(ii)directly serves the religious objectives of the person; and

(b)has appropriate qualifications and experience to work or participate in the nominated position.

[120] Regulation 2.73, heading

substitute

2.73Process for nomination—Subclass 457 (Temporary Work (Skilled)) visa

[121] Paragraph 2.73 (1A) (b)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[122] Paragraph 2.73A (1) (b)

substitute

(b)who identifies in the nomination an occupation, a program or an activity in relation to a visa and a person who will work or participate in the occupation, program or activity, as explained by the table.

Item	Visa to which the nomination relates	Person to whom the nomination relates
1	Subclass 401 (Temporary Work (Long Stay Activity)) visa	Holder Applicant Proposed applicant
2	Subclass 402 (Training and Research) visa	Holder Applicant Proposed applicant
3	Subclass 411 (Exchange) visa	Holder Applicant
4	Subclass 419 (Visiting Academic) visa	Applicant
5	Subclass 427 (Domestic Worker (Temporary)—Executive) visa	Applicant
6	Subclass 428 (Religious Worker) visa	Holder Applicant
7	Subclass 442 (Occupational Trainee) visa	Holder Applicant

[123] Subregulations 2.73A (3) and (4)

substitute

(3)If the person identifies in the nomination the holder of, or an applicant or proposed applicant for, a Subclass 401 (Temporary Work (Long Stay Activity)) visa, the person must make the nomination in accordance with approved form 1401N.

(3A)If the person identifies in the nomination the holder of, or an applicant or proposed applicant for, a Subclass 402 (Training and Research) visa, the person must make the nomination in accordance with approved form 1402N.

(3B)If subregulations (3) and (3A) do not apply, the person must make the nomination in accordance with approved form 1378.

(4)The nomination must be accompanied by the fee in the table.

Item	Nomination	Fee
1	Nomination mentioned in subregulation (3), if the applicant, proposed applicant or holder is in a class of persons specified by the Minister in an instrument in writing for this item	nil
2	Any other nomination:
(a) if the person is seeking to make more than 20 nominations together	$3,400
(b) if paragraph (a) does not apply	$170

[124] Regulation 2.73B, heading

substitute

2.73BProcess for nomination—Subclass 420 (Temporary Work (Entertainment)) visa and Subclass 423 (Media and Film Staff) visa

[125] Subregulation 2.73B (1)

substitute

(1)This regulation applies to a person:

(a)who is nominating an occupation or an activity under paragraph 140GB (1) (b) of the Act; and

(b)who identifies in the nomination, as the person who will work or participate in the occupation or activity (the visa holder or applicant):

(i)the holder of, or an applicant or proposed applicant for, a Subclass 420 (Temporary Work (Entertainment)) visa; or

(ii)an applicant for a Subclass 423 (Media and Film Staff) visa.

[126] Subregulation 2.73B (3)

substitute

(3)If the person identifies the holder of, or an applicant or a proposed applicant for, a Subclass 420 (Temporary Work (Entertainment)) visa in the nomination, the person must make the nomination in accordance with approved form 1420N.

(3A)If the person identifies an applicant for a Subclass 423 (Media and Film Staff) visa in the nomination, the person must make the nomination in accordance with approved form 1379.

[127] Paragraph 2.73C (1) (b)

omit

or a proposed applicant

[128] Regulation 2.75, heading

substitute

2.75Period of approval of nomination—Subclass 457 (Temporary Work (Skilled)) visa

[129] Subregulation 2.75 (1)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[130] Paragraph 2.75 (2) (c)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[131] Subregulation 2.75A (1)

substitute

(1)This regulation applies to a nomination of an occupation, a program or an activity in relation to a visa and a person, as explained by the table.

Item	Visa to which the nomination relates	Person to whom the nomination relates
1	Subclass 401 (Temporary Work (Long Stay Activity)) visa	Holder Applicant Proposed applicant
2	Subclass 402 (Training and Research) visa	Holder Applicant Proposed applicant
3	Subclass 411 (Exchange) visa	Holder Applicant
4	Subclass 419 (Visiting Academic) visa	Applicant
5	Subclass 420 (Temporary Work (Entertainment)) visa	Holder Applicant Proposed applicant
6	Subclass 421 (Sport) visa	Holder Applicant
7	Subclass 423 (Media and Film Staff) visa	Applicant
8	Subclass 427 (Domestic Worker (Temporary)—Executive) visa	Applicant
9	Subclass 428 (Religious Worker) visa	Holder Applicant
10	Subclass 442 (Occupational Trainee) visa	Holder Applicant

[132] Paragraphs 2.75A (2) (c) and (d)

substitute

(c)3 months after the day on which the person’s approval as the kind of sponsor that could make the nomination ceases; and

(d)if the person’s approval as the kind of sponsor that could make the nomination is cancelled under subsection 140M (1) of the Act—the day on which the person’s approval is cancelled; and

[133] Paragraph 2.75A (2) (e)

omit

[134] Subregulation 2.76 (1)

omit

subregulation (2), (3) or (4)

insert

this regulation

[135] Paragraph 2.76 (2) (b)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[136] Paragraphs 2.76 (2) (c) and (d)

substitute

(c)must be in effect.

[137] Subregulations 2.76 (3) and (4)

omit

[138] Subparagraph 2.79 (1) (a) (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[139] Subparagraph 2.79 (1) (a) (ii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[140] Subparagraph 2.79 (1) (b) (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[141] Subparagraph 2.79 (1) (b) (ii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[142] Subparagraph 2.79 (1A) (a) (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[143] Subparagraph 2.79 (1A) (a) (ii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[144] Subparagraph 2.79 (4) (a) (ii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[145] Subparagraph 2.79 (4) (a) (iii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[146] Sub-subparagraph 2.79 (4) (b) (i) (A)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[147] Subregulation 2.80 (1)

substitute

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

(a)a long stay activity sponsor or a religious worker sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i)the primary sponsored person holds:

(A)a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or

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

(ii)the last substantive visa held by the primary sponsored person was:

(A)a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or

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

(b)a professional development sponsor of a primary sponsored person (the sponsored person), if:

(i)the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(c)a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i)the primary sponsored person holds a Subclass 416 (Special Program) visa granted on the basis that the person satisfied the criterion in paragraph 416.222 (a) of Schedule 2; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 416 (Special Program) visa granted on that basis; or

(d)a party to a work agreement (other than a Minister), and who is or was an approved sponsor of a primary sponsored person or secondary sponsored person (the sponsored person), if

(i)the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa; or

(e)a standard business sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i)the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa.

[148] Paragraph 2.80 (3) (d)

substitute

(d)be made while the person whose travel will be funded is the holder of the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 402 (Training and Research) visa, the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Temporary Work (Skilled)) visa.

[149] Subparagraph 2.80 (5) (a) (i)

substitute

(i)if the primary sponsored person holds a Subclass 402 (Training and Research) visa—on the day the primary sponsored person is granted the visa; or

(ia)if the primary sponsored person or secondary sponsored person holds a Subclass 416 (Special Program) visa—on the day the primary sponsored person or secondary sponsored person is granted the visa; or

[150] Subparagraph 2.80 (5) (a) (ii)

omit

a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Temporary Work (Skilled)) visa

[151] Sub-subparagraph 2.80 (5) (b) (iii) (B)

substitute

(B)the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 402 (Training and Research) visa, the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Temporary Work (Skilled)) visa has ceased to be in effect;

[152] Sub-sub-subparagraph 2.80 (5) (b) (iii) (C) (II)

substitute

(II)the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 402 (Training and Research) visa, a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Temporary Work (Skilled)) visa;

[153] Sub-subparagraph 2.80 (5) (c) (iii) (B)

substitute

(B)the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 416 (Special Program) visa, the Subclass 428 (Religious Worker) visa or the Subclass 457 (Temporary Work (Skilled)) visa has ceased to be in effect;

[154] Sub-sub-subparagraph 2.80 (5) (c) (iii) (C) (II)

substitute

(II)the last substantive visa held by the secondary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 416 (Special Program) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Temporary Work (Skilled)) visa;

[155] Subparagraph 2.82 (3) (c) (i)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[156] Subparagraph 2.82 (3) (c) (ii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[157] Subregulation 2.83 (2), note

omit

[158] After subregulation 2.84 (4J)

insert

(4K)If the person is or was a long stay activity sponsor, the person must inform Immigration about each of the following events:

(a)a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a long stay activity sponsor;

(b)a primary sponsored person fails to participate in the nominated occupation or activity for which the primary sponsored person was identified;

(c)a primary sponsored person ceases participation in the nominated occupation or activity for which the primary sponsored person was identified;

(d)a change to the formal arrangement between the primary sponsored person and the person;

(e)a change to the exchange agreement;

(f)the person has paid the return travel costs of a

primary sponsored person or secondary sponsored person in accordance with the obligation mentioned in regulation 2.80.

(4L)If the person is or was a training and research sponsor, the person must inform Immigration about each of the following events:

(a)a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a training and research sponsor;

(b)a primary sponsored person fails to participate in the nominated occupation, program or activity for which the primary sponsored person was identified;

(c)a primary sponsored person ceases participation in the nominated occupation, program or activity for which the primary sponsored person was identified;

(d)a primary sponsored person fails to participate in the research project in relation to which the primary sponsored person was granted the visa.

[159] Subregulation 2.84 (6), table, item 3A

omit

(4J)

insert

(4L)

[160] Paragraph 2.85 (1) (a)

substitute

(a)an approved sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i)the primary sponsored person holds a Subclass 470 (Professional Development) visa; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 470 (Professional Development) visa; or

(iii)the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Research stream or Professional Development stream; or

(iv)the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Research stream or Professional Development stream; or

[161] Paragraphs 2.85 (1) (d) to (f)

substitute

(d)an approved sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i)the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Sport stream, or the Religious Worker stream, in relation to a volunteer role; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Sport stream, or the Religious Worker stream, in relation to a volunteer role; or

(iii)the primary sponsored person holds a Subclass 421 (Sport) visa in relation to a volunteer role; or

(iv)the last substantive visa held by the primary sponsored person was a Subclass 421 (Sport) visa in relation to a volunteer role; or

(v)the primary sponsored person holds a Subclass 428 (Religious Worker) visa in relation to a volunteer role; or

(vi)the last substantive visa held by the primary sponsored person was a Subclass 428 (Religious Worker) visa in relation to a volunteer role; or

(e)an approved sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i)the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Occupational Trainee stream in relation to a volunteer role; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Occupational Trainee stream in relation to a volunteer role; or

(iii)the primary sponsored person holds a Subclass 442 (Occupational Trainee) visa in relation to a volunteer role; or

(iv)the last substantive visa held by the primary sponsored person was a Subclass 442 (Occupational Trainee) visa in relation to a volunteer role.

[162] Subparagraph 2.85 (4) (a) (ii)

after

secondary sponsored person holds

insert

a Subclass 401 (Temporary Work (Long Stay Activity)) visa,

[163] Sub-subparagraph 2.85 (4) (a) (ii) (B)

omit

person; and

insert

person; or

[164] After subparagraph 2.85 (4) (a) (ii)

insert

(iii)if the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Research stream or the Professional Development stream—on the day the visa is granted; or

(iv)if the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Occupational Trainee stream:

(A)on the day the Minister approves a nomination by the person that identifies the primary sponsored person; or

(B)if the primary sponsored person does not hold the visa on the day the Minister approves the nomination—on the day the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

[165] Subregulation 2.86 (1)

substitute

(1)This regulation applies to:

(a)a person who is or was an approved sponsor in relation to a primary sponsored person if:

(i)the primary sponsored person holds a visa in relation to which the primary sponsored person was required to be nominated by an approved sponsor; or

(ii)an occupation, a program or an activity was required to be nominated in relation to the primary sponsored person by an approved sponsor; and

(b)a person who is or was an approved sponsor in relation to a person who was a primary sponsored person if:

(i)the last substantive visa held by the primary sponsored person was a visa in relation to which the primary sponsored person was required to be nominated by an approved sponsor; or

(ii)an occupation, a program or an activity was required to be nominated in relation to the primary sponsored person by an approved sponsor.

[166] Subregulation 2.86 (2)

omit each mention of

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[167] Paragraph 2.86 (2A) (a)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[168] Paragraph 2.86 (2A) (b)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[169] Subregulation 2.86 (2C)

substitute

(2C)If the primary sponsored person holds a visa other than a Subclass 457 (Temporary Work (Skilled)) visa, the person must ensure that the primary sponsored person works or participates in the nominated occupation, program or activity in relation to which the primary sponsored person was identified.

[170] Subparagraph 2.86 (3) (a) (iii)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[171] Subregulation 2.87 (1)

omit

(other than a professional development sponsor)

[172] Subparagraph 2.87 (2A) (a) (iii)

substitute

(iii)a long stay activity sponsor in relation to a sponsored person; and

[173] Subparagraphs 2.87 (2A) (b) (i) and (ii)

substitute

(i)the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or

(ii)the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or

(iii)the sponsored person holds a Subclass 427 (Domestic Worker (Temporary)—Executive) visa or a Subclass 428 (Religious Worker) visa; or

(iv)the last substantive visa held by the sponsored person was a Subclass 427 (Domestic Worker (Temporary)—Executive) visa or a Subclass 428 (Religious Worker) visa;

[174] Subregulation 2.87A (1)

substitute

(1)This regulation applies to a person who:

(a)is or was an approved sponsor; and

(b)under paragraph 140GB (1) (b) of the Act, has nominated an occupation or an activity in relation to a holder of:

(i)a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Exchange stream; or

(ii)a Subclass 411 (Exchange) visa.

[175] Subregulation 2.87A (2)

after

subregulation 2.72B (4)

insert

or 2.72J (3)

[176] Paragraph 2.87A (3) (a)

omit

the exchange sponsor

insert

the person

[177] Regulation 2.94A, heading

substitute

2.94AFailure to comply with certain terms of special program agreement or professional development agreement

[178] Subregulation 2.94A (1)

after

sponsor

insert

or a professional development sponsor

[179] Subregulation 2.94A (2)

substitute

(2)For subparagraph 140L (1) (a) (ii) of the Act, an additional circumstance is that the Minister is satisfied that:

(a)the person has not complied with a term or condition of the special program agreement in relation to which the special program sponsor was approved; or

(b)the person has not complied with a term or condition of the professional development agreement in relation to which the professional development sponsor was approved.

[180] Paragraph 2.94A (3) (b)

after

agreement

insert

or professional development agreement

[181] Paragraph 2.94A (3) (c)

after

agreement

insert

or professional development agreement

[182] Paragraph 4.02 (1A) (a)

substitute

(a)a Subclass 401 (Temporary Work (Long Stay Activity)) visa;

(aa)a Subclass 402 (Training and Research) visa;

(ab)a Subclass 411 (Exchange) visa;

[183] Paragraph 4.02 (1A) (k)

substitute

(k)a Subclass 457 (Temporary Work (Skilled)) visa;

[184] Paragraph 4.02 (4) (l)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[185] Subregulation 5.38 (1)

omit

a Subclass 426 (Domestic Worker (Diplomatic or Consular)) visa or

[186] Schedule 1, item 1205

substitute

Special Program (Temporary) (Class TE)

(1)Form: 1416

(2)Visa application charge:

(a)First instalment (payable at the time the application is made): $315

(b)Second instalment (payable before grant of visa): nil

(3)Other:

(a)An application must be made by:

(i)posting the application (with the correct pre‑paid postage) to the post office box address specified by the Minister in an instrument in writing for this subparagraph; or

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

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

(b)An applicant seeking to satisfy the criterion for the grant of a Subclass 416 (Special Program) visa specified in paragraph 416.222 (d) of Schedule 2 must be outside Australia.

(c)An applicant not mentioned in paragraph (b) may be in or outside Australia, but not in immigration clearance.

(d)An applicant seeking to satisfy the primary criteria must:

(i)specify, in the application, the person who proposes to be the special program sponsor in relation to the applicant; and

(ii)provide evidence that the person is a special program sponsor, or is a person who has applied for approval as a special program sponsor but whose application has not yet been decided.

(e)An application by a person claiming to be a member of the family unit of a person who is an applicant for a Special Program (Temporary) (Class TE) visa may be made at the same time and place as, and combined with, an application by that person or any other member of the family unit who claims to be a member of the family unit of the primary applicant.

(4)Subclasses:

Subclass 416 (Special Program)

[187] Schedule 1, items 1207 and 1208

omit

[188] Schedule 1, item 1220B

omit

[189] Schedule 1, subparagraph 1223A (1) (b) (i)

substitute

(i)seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

[190] Schedule 1, subparagraph 1223A (1) (ba) (i)

substitute

(i)seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

[191] Schedule 1, subparagraph 1223A (1) (bb) (i)

substitute

(i)seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

[192] Schedule 1, subparagraph 1223A (1) (bc) (i)

substitute

(i)the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and

[193] Schedule 1, subparagraph 1223A (2) (a) (iii)

substitute

(iii)In the case of each applicant who seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa: $350

[194] Schedule 1, subparagraph 1223A (2) (a) (v)

omit

[195] Schedule 1, paragraph 1223A (3) (aa)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[249] Schedule 2, subparagraph 571.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[250] Schedule 2, sub-subparagraph 571.227 (c) (i) (O)

substitute

(O)Working Holiday (Temporary) (Class TZ);

(P)Temporary Work (Long Stay Activity) (Class GB);

(Q)Training and Research (Class GC);

(R)Temporary Work (Entertainment) (Class GE);

(S)Special Program (Temporary) (Class TE); or

[251] Schedule 2, subparagraph 571.312 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[252] Schedule 2, subparagraph 572.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[253] Schedule 2, sub-subparagraph 572.227 (c) (i) (O)

substitute

(O)Working Holiday (Temporary) (Class TZ);

(P)Temporary Work (Long Stay Activity) (Class GB);

(Q)Training and Research (Class GC);

(R)Temporary Work (Entertainment) (Class GE);

(S)Special Program (Temporary) (Class TE); or

[254] Schedule 2, subparagraph 572.312 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[255] Schedule 2, subparagraph 573.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[256] Schedule 2, sub-subparagraph 573.227 (c) (i) (O)

substitute

(O)Working Holiday (Temporary) (Class TZ);

(P)Temporary Work (Long Stay Activity) (Class GB);

(Q)Training and Research (Class GC);

(R)Temporary Work (Entertainment) (Class GE);

(S)Special Program (Temporary) (Class TE); or

[257] Schedule 2, subparagraph 573.312 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[258] Schedule 2, subparagraph 574.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[259] Schedule 2, sub-subparagraph 574.227 (c) (i) (O)

substitute

(O)Working Holiday (Temporary) (Class TZ);

(P)Temporary Work (Long Stay Activity) (Class GB);

(Q)Training and Research (Class GC);

(R)Temporary Work (Entertainment) (Class GE);

(S)Special Program (Temporary) (Class TE); or

[260] Schedule 2, subparagraph 574.312 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[261] Schedule 2, subparagraph 575.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[262] Schedule 2, sub-subparagraph 575.227 (c) (i) (O)

substitute

(O)Working Holiday (Temporary) (Class TZ);

(P)Temporary Work (Long Stay Activity) (Class GB);

(Q)Training and Research (Class GC);

(R)Temporary Work (Entertainment) (Class GE);

(S)Special Program (Temporary) (Class TE); or

[263] Schedule 2, subparagraph 575.312 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[264] Schedule 2, subparagraph 576.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[265] Schedule 2, subparagraph 576.312 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[266] Schedule 2, subparagraph 580.211 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[267] Schedule 2, sub-subparagraph 580.227 (c) (i) (O)

substitute

(O)Working Holiday (Temporary) (Class TZ);

(P)Temporary Work (Long Stay Activity) (Class GB);

(Q)Training and Research (Class GC);

(R)Temporary Work (Entertainment) (Class GE);

(S)Special Program (Temporary) (Class TE); or

[268] Schedule 2, subparagraph 580.311 (2) (a) (xvi)

substitute

(xvi)Working Holiday (Temporary) (Class TZ);

(xvii)Temporary Work (Long Stay Activity) (Class GB);

(xviii)Training and Research (Class GC);

(xix)Temporary Work (Entertainment) (Class GE);

(xx)Special Program (Temporary) (Class TE); or

[269] Schedule 2, paragraph 675.216 (a)

substitute

(a)either:

(i)at the time of application, the applicant held a substantive temporary visa other than:

(A)a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

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

(ii)if the applicant did not hold a substantive temporary visa at the time of application:

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

(B)the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and

[270] Schedule 2, paragraph 676.215 (a)

substitute

(a)either:

(i)at the time of application, the applicant held a substantive temporary visa other than:

(A)a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

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

(ii)if the applicant did not hold a substantive temporary visa at the time of application:

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

(B)the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and

[271] Schedule 2, paragraphs 685.216 (1) (a) and (b)

substitute

(a)either:

(i)at the time of application, the applicant held a substantive temporary visa other than:

(A)a Subclass 403 (Temporary Work (International Relations)) visa in the Domestic Worker (Diplomatic or Consular) stream; or

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

(ii)if the applicant did not hold a substantive temporary visa at the time of application:

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

(B)the applicant satisfies Schedule 3 criteria 3001, 3003, 3004 and 3005; and

[272] Schedule 2, paragraph 773.213 (3) (s)

substitute

(s)Skilled—Regional Sponsored (Provisional) (Class SP);

(t)Temporary Work (Long Stay Activity) (Class GB);

(u)Training and Research (Class GC);

(v)Temporary Work (Entertainment) (Class GE).

[273] Schedule 2, paragraph 773.213 (4) (b)

substitute

(b)Subclass 457 (Temporary Work (Skilled)) visa.

[274] Schedule 4, Part 2, after item 4055AA

insert

4055AAA

402 (Training and Research)

8102, 8103, 8501, 8531 or 8536

[275] Schedule 8, subclause 8107 (3)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[276] Schedule 8, subclause 8107 (3B)

omit

a Subclass 457 (Business (Long Stay)) visa

insert

a Subclass 457 (Temporary Work (Skilled)) visa

[277] Schedule 8, subclause 8107 (3B)

omit

subclause 457.223 (8), (9) or (10)

insert

subclause 457.223 (8)

[278] Schedule 8, subclause 8107 (4)

omit

(4) If:

insert

(4) If the visa is:

[279] Schedule 8, paragraphs 8107 (4) (a) and (b)

substitute

(a)a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or

(b)a Subclass 402 (Training and Research) visa; or

(ba)a Subclass 420 (Temporary Work (Entertainment)) visa;

Schedule 2 Amendments of Migration Regulations 1994 relating to fees

(section 3)

[1] After subregulation 2.61 (6)

insert

(7)The Minister may refund an application fee if the application:

(a)is for approval as a foreign government agency sponsor; and

(b)was made before 24 November 2012 but not decided before that day; and

(c)is not associated with an application for a Subclass 415 (Foreign Government Agency) visa.

(8)The Minister may refund an application fee if the application:

(a)is for approval as a domestic worker sponsor; and

(b)was made before 24 November 2012 but not decided before that day; and

(c)is not associated with an application for a Subclass 427 (Domestic Worker (Temporary)—Executive) visa.

[2] After subregulation 2.73A (6)

insert

(7)The Minister may refund a nomination fee if:

(a)the nomination identifies a proposed applicant for:

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

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

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

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

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

(b)the nomination was made before 24 November 2012 but not decided before that day; and

(c)the proposed applicant did not apply for the visa before 24 November 2012.

[3] After subregulation 2.73B (7)

insert

(8)The Minister may refund a nomination fee if:

(a)the nomination identifies a proposed applicant for a Subclass 423 (Media and Film Staff) visa; and

(b)the nomination was made before 24 November 2012 but not decided before that day; and

(c)the proposed applicant did not apply for the visa before 24 November 2012.

[4] After subregulation 2.73C (6)

insert

(7)The Minister may refund a nomination fee if:

(a)the nomination identifies a proposed applicant for a Subclass 421 (Sport) visa; and

(b)the nomination was made before 24 November 2012 but not decided before that day; and

(c)the proposed applicant did not apply for the visa before 24 November 2012.

[5] Schedule 2, clauses 457.225 to 457.226A

substitute

457.225The applicant satisfies special return criteria 5001, 5002 and 5010.

[6] Schedule 2, clause 457.322

omit

[7] Schedule 2, clauses 457.326 and 457.327

substitute

457.326The applicant satisfies special return criteria 5001, 5002 and 5010.

Schedule 3 Amendments of Migration Regulations 1994 relating to certain visas

(section 3)

[1] Subparagraph 1.08 (c) (i)

substitute

(i)is an applicant for a Business (Temporary) (Class TB) visa; and

[2] Regulation 1.20AA

omit

[3] Paragraph 2.12F (2B) (c)

omit

[4] Schedule 1, item 1214AA

omit

[5] Schedule 1, subparagraph 1223A (2) (a) (vi)

omit

[6] Schedule 2, Part 422

omit

Schedule 4 Amendment of Migration Regulations 1994 relating to transitional matters

(section 3)

[1] Schedule 13, after Part 5

insert

Part 6 Amendment made by Migration Legislation Amendment Regulation 2012 (No. 4)

Operation of Schedule 1

(1)The amendments of these Regulations made by Schedule 1 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for:

(a)a visa; or

(b)approval as a sponsor; or

(c)approval of a nomination; or

(d)the variation of the terms of an approval as a sponsor.

(2)However, the amendments made by Schedule 1 do not apply in relation to an application for a visa that is taken to have been made by a person before, on or after 24 November 2012 in accordance with regulation 2.08 of these Regulations.

Operation of Schedule 2

The amendments of these Regulations made by Schedule 2 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to:

(a)an application for:

(i)a visa; or

(ii)approval as a sponsor; or

(iii)approval of a nomination;

made before 24 November 2012 but not finally determined before that date; and

(b)an application made on or after 24 November 2012 for a visa.

Operation of Schedule 3

(1)The amendments of these Regulations made by Schedule 3 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application made on or after 24 November 2012 for:

(a)a visa; or

(b)approval as a sponsor.

(2)However, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.

(3)Also, the amendments made by Schedule 3 do not apply in relation to an application made on or after 24 November 2012 for approval as a sponsor made in relation to an application for a visa made by a person seeking to satisfy the secondary criteria for the grant of the visa.

Schedule 5 Amendments of Migration Agents Regulations 1998

(section 4)

[1] Regulation 3E

substitute

3EDefinitions for Division 2.2

In this Division:

applicant means a person who genuinely seeks to satisfy, or intends to seek to satisfy, the criteria for the grant of:

(a)a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(b)a Subclass 470 (Professional Development) visa.

professional development sponsor means an organisation that is sponsoring, or intends to sponsor, an applicant in relation to his or her application for:

(a)a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(b)a Subclass 470 (Professional Development) visa.

[2] Subregulation 3F (1)

substitute

(1)For subregulation (2), the relevant circumstances are that a professional development sponsor gives assistance of the kind mentioned in subsection 276 (1) or (2) of the Act to an applicant in relation to:

(a)a Subclass 402 (Training and Research) visa; or

(b)a Subclass 470 (Professional Development) visa.

[3] Subregulation 3G (1)

substitute

(1)For subregulation (2), the relevant circumstances are that a professional development sponsor makes representations of the kind mentioned in subsection 282 (4) of the Act on behalf of an applicant in relation to:

(a)a Subclass 402 (Training and Research) visa; or

(b)a Subclass 470 (Professional Development) visa.

[4] After Part 4

insert

Part 5 Transitional provisions

Division 1 Amendments made by Migration Legislation Amendment Regulation 2012 (No. 4)

Operation of amendments

The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment Regulation 2012 (No. 4) apply in relation to an application for a visa made on or after 24 November 2012.

Note

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