Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a person who is or was an approved work sponsor.
(a) provide details of an event to Immigration when an event mentioned in this regulation, and specified for the person, occurs; and
(b) provide the details of the event:
(i) electronically, in the manner specified by the inister in a legislative instrument made for the purposes of this subparagraph; and
(ii) within the period specified in subregulation (6).
(3) If the person is or was a standard business sponsor or a party to a work agreement, the person must notify Immigration about each of the following events:
(a) the cessation, or expected cessation, of a primary sponsored person's employment with the person;
(aa) a change to the work duties carried out by a primary sponsored person;
(ab) a primary sponsored person failing to commence employment by the time agreed between the person and the primary sponsored person;
(b) a change to the information provided to Immigration in the person's application for approval as a work sponsor in relation to:
(i) the training requirement mentioned in paragraphs 2.59(d) and (e) (as in force before 18 March 2018); and
(ii) the person's address and contact details;
(ba) if the person is or was a party to a work agreement--a change to:
(i) the training information provided in the work agreement; or
(ii) the person's address and contact details provided in the work agreement;
(c) a change to the information provided to Immigration in the person's application for a variation of a term of approval in relation to the training requirement mentioned in paragraphs 2.68(e) and (f) (as in force before 18 March 2018);
(d) the legal entity of the person ceases to exist;
(e) if the legal entity of the person is a company--a new director is appointed;
(f) if the legal entity of the person is a partnership--a new partner joins the partnership;
(g) if the legal entity of the person is an unincorporated association--a new member is appointed to the managing committee of the association;
(h) 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;
(i) the person has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001 ;
(j) if the person is a natural person--any of the following:
(i) the person enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966 ;
(ii) the person enters into a debt agreement under Part IX of the Bankruptcy Act 1966 ;
(iii) a sequestration order is made against the estate of the person under Part IV of the Bankruptcy Act 1966 ;
(iv) the person becomes a bankrupt by virtue of the presentation of a debtor's petition under Part IV of the Bankruptcy Act 1966 ;
(v) the person presents a declaration of intention to present a debtor's petition under Part IV of the Bankruptcy Act 1966 ;
(vi) a composition or scheme of arrangement is presented in relation to the person in accordance with Division 6 of Part IV of the Bankruptcy Act 1966 ;
(k) if the person is a company--any of the following:
(i) an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001 ;
(ii) the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001 ;
(iii) a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001 ;
(iv) a court has appointed a registered liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001 ;
(v) a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001 ;
(vi) the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001 ;
(vii) procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001 ;
(viii) a restructuring practitioner for the company is appointed under Part 5.3B of the Corporations Act 2001 ;
(l) if the person is a partner of a partnership, or a member of a managing committee for an unincorporated association--any of the events of the kind mentioned in paragraphs (j) and (k).
(4) If the person is or was a professional development sponsor of a primary sponsored person (other than a holder of a Subclass 407 (Training) visa), the person must inform Immigration about each of the following events:
(a) a change to the information provided to Immigration in the person's application for approval as a work sponsor in relation to:
(i) the person's address and contact details; and
(ii) the person's capacity to deliver the approved professional development program; and
(iii) the capacity of a sub - contractor involved in the delivery of the approved professional development program to deliver the program or any part of the program;
(b) the legal entity of the person ceases to exist;
(c) if the legal entity of the person is a company--a new director is appointed;
(d) if the legal entity of the person is a partnership--a new partner joins the partnership;
(e) if the legal entity of the person is an unincorporated association--a new member is appointed to the managing committee of the association;
(f) the person has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001 ;
(h) if the person is a company--any of the following:
(i) an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001 ;
(ii) the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001 ;
(iii) a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001 ;
(iv) a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001 ;
(v) a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001 ;
(vi) the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001 ;
(vii) procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001 ;
(viii) a restructuring practitioner for the company is appointed under Part 5.3B of the Corporations Act 2001 ;
(i) if the person is a partner of a partnership, or a member of a managing committee for an unincorporated association--any of the events of the kind mentioned in paragraph (h);
(j) the primary sponsored person is unable to participate in the professional development program;
(k) the primary sponsored person has ceased participation in the professional development program prior to the ending of the professional development program;
(l) the primary sponsored person has failed to attend the professional development program, and this absence was not authorised by the professional development sponsor.
(4A) If the person is or was a temporary activities sponsor, the person must inform Immigration about a change to the information, in relation to the sponsor's address and contact details, provided to Immigration in the person's application for approval as a temporary activities sponsor.
(a) a temporary activities sponsor in relation to a primary sponsored person; or
(b) a professional development sponsor in relation to a primary sponsored person who holds a Subclass 407 (Training) visa; or
(c) any of the following kinds of sponsor in relation to a primary sponsored person who holds a Subclass 408 (Temporary Activity) visa:
(i) a special program sponsor;
(ii) an entertainment sponsor;
(iii) a superyacht crew sponsor;
(iv) a long stay activity sponsor;
(v) a training and research sponsor;
the person must inform Immigration about each of the following events:
(d) the primary sponsored person failing to participate in the activity in relation to which the visa was granted;
(e) the primary sponsored person ceasing participation in the activity in relation to which the visa was granted;
(f) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that subclause 408.222(3) (elite player, coach, instructor or adjudicator) of Schedule 2 applied to the primary sponsored person--a change to the formal arrangement referred to in paragraph 408.222(3)(c) of Schedule 2;
(g) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied the criteria in clause 408.225 (superyacht crew) of Schedule 2--the cessation, or expected cessation, of a primary sponsored person's employment with the sponsor;
(h) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied the criteria in clause 408.227 (staff exchange) of Schedule 2--a change to the agreement referred to in paragraph 408.227(b) of Schedule 2;
(i) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied any of the criteria in clause 408.229A (entertainment) of Schedule 2 and the sponsor is an Australian organisation--the organisation ceasing to exist;
(j) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied the criteria in subclause 408.229A(2), (3), (4), (5) or (6) (entertainment) of Schedule 2--the sponsor ceasing to hold a licence referred to in paragraph 408.229A(2)(d), (3)(d), (4)(d), (5)(d) or (6)(d) of Schedule 2, as the case may be;
(k) the person paying the return travel costs of the primary sponsored person, or a secondary sponsored person in relation to the primary sponsored person, in accordance with the obligation referred to in regulation 2.80.
(4C) If the person is or was a special program sponsor, the person must inform Immigration about each of the following events:
(a) a non - Subclass 408 primary sponsored person is unable to meet the requirements of the special program;
(b) a non - Subclass 408 primary sponsored person is unable to participate in a special program;
(c) a non - Subclass 408 primary sponsored person ceases participation in a special program prior to the ending of the special program;
(d) a non - Subclass 408 primary sponsored person fails to attend a special program.
(4E) If the person is or was an entertainment sponsor, the person must inform Immigration about each of the following events:
(a) a non - Subclass 408 primary sponsored person fails to participate in the nominated activity for which the non - Subclass 408 primary sponsored person was identified;
(b) if a non - Subclass 408 primary sponsored person was identified in a nomination to perform in a film or television production--the cessation of the non - Subclass 408 primary sponsored person's participation in the nominated activity for which the non - Subclass 408 primary sponsored person was identified;
(c) a non - Subclass 408 primary sponsored person (other than a person mentioned in paragraph (b)) ceases participation, in the nominated activity for which the non - Subclass 408 primary sponsored person was identified, prior to the cessation date specified in the itinerary provided to the Minister in accordance with the nomination criteria;
(d) the entertainment sponsor ceases to hold a licence that the entertainment sponsor was required to hold for the nomination to be approved;
(e) 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 an entertainment sponsor;
(f) if the entertainment sponsor is an Australian organisation--the legal entity of the sponsor ceases to exist.
(4J) If the person is or was a superyacht crew sponsor, the person must inform Immigration about each of the following events:
(a) the cessation, or expected cessation, of a non - Subclass 408 primary sponsored person's employment with the person;
(b) 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 superyacht crew sponsor.
(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 non - Subclass 408 primary sponsored person fails to participate in the nominated occupation or activity for which the non - Subclass 408 primary sponsored person was identified;
(c) a non - Subclass 408 primary sponsored person ceases participation in the nominated occupation or activity for which the non - Subclass 408 primary sponsored person was identified;
(d) a change to the formal arrangement between the non - Subclass 408 primary sponsored person and the person;
(e) a change to the exchange agreement;
(f) the person has paid the return travel costs of a non - Subclass 408 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 non - Subclass 408 primary sponsored person fails to participate in the nominated occupation, program or activity for which the non - Subclass 408 primary sponsored person was identified;
(c) a non - Subclass 408 primary sponsored person ceases participation in the nominated occupation, program or activity for which the non - Subclass 408 primary sponsored person was identified;
(d) a non - Subclass 408 primary sponsored person fails to participate in the research project in relation to which the non - Subclass 408 primary sponsored person was granted the visa.
(5) For paragraphs (3)(a), (4B)(g) and (4J)(a):
(a) the person may notify Immigration of the final date of employment of the primary sponsored person before that date; and
(b) if the primary sponsored person does not cease employment with the person, or ceases employment on a different date--the person must notify Immigration of the continued employment or the new date of cessation.
(6) The notification of an event mentioned in an item of the table must be made within the timeframe mentioned in the item.
Item | For an event mentioned in ... | the notification must be made ... |
1 | paragraph (3)(a), (4B)(g) or (4J)(a) | within 28 days of the primary sponsored person ceasing employment |
2 | paragraphs (3)(aa) to (l) | within 28 days of the change or event occurring |
3 | subregulation (4) | within 28 days of the change or event occurring |
3A | subregulations (4A) to (4L), other than the paragraphs mentioned in item 1 | within 28 days of the change or event occurring |
4 | paragraph (5)(b) | the earlier of: (a) within 28 days of the cessation date notified under paragraph (3)(a), (4B)(g) or (4J)(a); and (b) within 28 days of the actual cessation date |
(7) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the person is approved as a work sponsor under section 140E of the Act; and
(b) ends after the first day on which each of the following occurs concurrently:
(i) the person ceases to be an approved work sponsor; and
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
(8) If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):
(a) starts to apply on the day on which the work agreement commences; and
(b) ends after the first day on which each of the following occurs concurrently:
(i) the person ceases to be a party to a work agreement; and
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
"non-Subclass 408 primary sponsored person" means a primary sponsored person
who does not hold a Subclass 408 (Temporary Activity) visa.