Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 2.59

    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 standard business sponsor is that the Minister is satisfied that:

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

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

  (f)   if the applicant is lawfully operating a business in Australia:

  (i)   the applicant has attested, in writing, that the applicant has a strong record of, or a demonstrated commitment to, employing local labour; and

  (ii)   the applicant has declared, in writing, that the applicant will not engage in discriminatory recruitment practices; and

  (g)   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

  (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 a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa, or an applicant or a proposed applicant (the visa applicant ) for a Subclass 482 (Temporary Skill Shortage) 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.