Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a person who is or was an approved work sponsor.
(a) must not take any action, or seek to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or
(iv) that relate specifically to the recruitment of a non - citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and
(b) must not take any action, or seek to take any action, that would result in another person paying to the person some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or
(iv) that relate specifically to the recruitment of a non - citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and
(c) if the person has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not take any action, or seek to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and
(d) if the person has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not take any action, or seek to take any that would result in another person paying to the person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.
(a) must not recover from another person some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or
(iv) that relate specifically to the recruitment of the primary sponsored person, or a non - citizen, for the purposes of a nomination under subsection 140GB(1) of the Act; and
(b) must not seek to recover from another person some or all of the costs, including migration agent costs:
(i) associated with the person becoming an approved work sponsor; or
(ii) associated with the person being an approved work sponsor; or
(iii) associated with the person being a former approved work sponsor; or
(iiia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or
(iv) that relate specifically to the recruitment of the primary sponsored person, or a non - citizen, for the purposes of a nomination under subsection 140GB(1) of the Act; and
(c) if the person has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not recover from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and
(d) if the person has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:
(i) a Subclass 402 (Training and Research) visa; or
(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
(ib) a Subclass 407 (Training) visa; or
(ic) a Subclass 408 (Temporary Activity) visa; or
(ii) a Subclass 416 (Special Program) visa; or
(iii) a Subclass 488 (Superyacht Crew) visa;
must not seek to recover from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.
(2A) In addition to subregulations (1A) and (1B), if:
(i) a temporary activities sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person ); or
(ii) a long stay activity sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person ); and
(i) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic 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 the Domestic Worker stream; or
(iii) the sponsored person holds a Subclass 408 (Temporary Activity) visa granted to the sponsored person on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) or 408.224 (domestic worker) of Schedule 2; or
(iv) the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa granted to the sponsored person on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) or 408.224 (domestic worker) of Schedule 2;
the person must not recover or seek to recover from the sponsored person any expenditure by the person in relation to financial support of the sponsored person in Australia.
(3) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligations mentioned in subregulations (1A), (1B) and (2A):
(a) start to apply on the day on which the person is approved as a work sponsor; and
(b) end on the day on which each of the following has occurred:
(i) the person ceases to be an approved work sponsor;
(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.
(4) If the person is or was a party to a work agreement, the obligations mentioned in subregulations (1A), (1B) and (2A):
(a) start to apply on the day on which the work agreement commences; and
(b) end on the day on which each of the following has occurred:
(i) the person ceases to be a party to a work agreement;
(ii) there is no primary sponsored person or secondary sponsored
person in relation to the person.