Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsApplication of this regulation
(1) This regulation applies in relation to a person who is nominating a proposed occupation under paragraph 140GB(1)(b) of the Act in relation to a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee ).
(2) For the purposes of subsection 140GB(3) of the Act, the person may nominate a proposed occupation in accordance with the process set out in this regulation.
General requirements for nominations
(3) The nomination must be made using the internet.
(4) The nomination must be made using the form specified by the Minister under paragraph (14)(a).
(5) The nomination must be accompanied by the fee specified by the Minister under paragraph (14)(b).
(6) The nomination must be accompanied by any nomination training contribution charge the person is liable to pay in relation to the nomination.
Alternative method of nominations
(7) The following paragraphs apply if the Minister specifies under paragraph (14)(c) a different way of making a nomination of an occupation in specified circumstances:
(a) the application may be made in that way in those circumstances (instead of using the internet);
(b) if the nomination is made in that way and the Minister specifies under that paragraph a form for that way of making the nomination, the nomination must be made using that form (instead of the form mentioned in subregulation (4));
(c) if the nomination is made in that way and the Minister specifies under that paragraph a different fee for making the nomination in that way, the nomination must be accompanied by that fee (instead of the fee mentioned in subregulation (5)).
Note: Subregulation (3) relates to making nominations on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (3) to (5) if special circumstances exist.
Information to be included in nominations
(8) The nomination must identify the nominee.
(9) The person must provide the following information as part of the nomination:
(a) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream--the name of the occupation and the corresponding 6 - digit code as they are specified in the instrument made under subregulation 2.72C(11) in force at the time the nomination is made;
(b) if:
(i) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
(ii) the person is a party to a work agreement or negotiations for a work agreement; and
(iii) the work agreement or proposed work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the name of the occupation and the corresponding 6 - digit code (if any) as they are specified in the work agreement or proposed work agreement;
(c) the location or locations at which the occupation is to be carried out;
(d) the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018 ) for the nomination;
(e) if the nominee holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the date of grant of the visa;
(f) any other information specified by the Minister under paragraph (14)(d).
(10) The person must certify as part of the nomination, in writing, whether or not the person has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.
(11) Unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), the person must certify as part of the nomination, in writing, that:
(a) the employment contract entered into with the nominee complies; or
(b) the employment contract to be entered into with the nominee will, when entered, comply;
with all applicable requirements imposed by Commonwealth, State or Territory law relating to employment including, if applicable, the National Employment Standards (within the meaning of the Fair Work Act 2009 ).
Additional requirements in relation to Employer Sponsored stream
(12) If the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream, the person must certify as part of the nomination, in writing:
(a) that the tasks of the position include a significant majority of the tasks specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation--the instrument made under subregulation 2.72C(11) in force at the time the nomination is made; and
(b) that the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation--the instrument made under subregulation 2.72C(11) in force at the time the nomination is made; and
(c) unless the occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72C(14), that the occupation is a position in:
(i) the person's business; or
(ii) a business of an associated entity of the person.
Additional requirements in relation to Labour Agreement stream
(13) If:
(a) the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
(b) the person is a party to a work agreement or negotiations for a work agreement; and
(c) the work agreement or proposed work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
the person must certify as part of the nomination, in writing, that:
(d) the tasks of the position include a significant majority of the tasks specified for the occupation in:
(i) ANZSCO; or
(ii) if there is no ANZSCO code for the occupation--the work agreement or proposed work agreement; and
(e) the qualifications and experience of the nominee are commensurate with the qualifications and experience specified for the occupation in the work agreement or proposed work agreement.
Minister may make legislative instruments
(14) The Minister may, by legislative instrument, specify any of the following:
(a) for the purposes of subregulation (4), the form in which a nomination must be made;
(b) for the purposes of subregulation (5), the fee that must accompany a nomination;
(c) for the purposes of subregulation (7), any of the following:
(i) a way of making a nomination and circumstances in which a nomination may be made in that way;
(ii) the form in which a nomination must be made if the nomination is made in a way specified under subparagraph (i);
(iii) the fee that must accompany a nomination if the nomination is made in a way specified under subparagraph (i);
(d) for the purposes of paragraph (9)(f), information that must be provided as part of a nomination.