Commonwealth Consolidated Regulations

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SUPERANNUATION GUARANTEE (ADMINISTRATION) REGULATIONS 2018 - REG 11

Certain employees excluded

    For the purposes of paragraph   27(1)(d) of the Act, each of the following employees is a prescribed employee:

  (a)   an employee who has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager and who is the holder of:

  (i)   a Subclass 456 (Business (Short Stay)) visa granted under the Migration Act 1958 ; or

  (ii)   a Subclass 400 (Temporary Work (Short Stay Specialist)) visa granted under that Act;

  (b)   an employee who is the holder of a visa referred to in paragraph   (a) if:

  (i)   the employee holds a position as a senior executive of a company operating in Australia or is establishing a business activity in Australia on behalf of the employer; and

  (ii)   the employee's position carries substantial executive responsibility; and

  (iii)   the employee's qualifications for the position are appropriate; and

  (iv)   the employee's position is a full - time position;

  (c)   an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:

  (i)   the employee has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager; and

  (ii)   the employee was nominated as mentioned in clause   482.212 of Schedule   2 to the Migration Regulations   1994 or in paragraph   457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18   March 2018);

  (d)   an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:

  (i)   the employee holds a position as a senior executive of a company operating in Australia; and

  (ii)   the employee was nominated as mentioned in clause   482.212 of Schedule   2 to the Migration Regulations   1994 or in paragraph   457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18   March 2018); and

  (iii)   the employee's position carries substantial executive responsibility; and

  (iv)   the employee's qualifications for the position are appropriate; and

  (v)   the employee's position is a full - time position;

  (e)   an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:

  (i)   the employee is establishing a business activity in Australia on behalf of the employer; and

  (ii)   the employee's position carries substantial executive responsibility; and

  (iii)   the employee's qualifications for the position are appropriate; and

  (iv)   the employee's position is a full - time position.



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