Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.03
Insert:
"carried out for an excluded employer " : see subregulation 1.15FB(1).
2 After regulation 1.15FA
Insert:
1.15FB Work carried out for an excluded employer
(1) Work was carried out for an excluded employer if it was done:
(a) for, or for the benefit of, a person, partnership or unincorporated association that was, at the time the work was done, specified in an instrument made under subregulation (2); and
(b) as an employee or contractor of:
(i) the person, partnership or unincorporated association; or
(ii) a contractor or subcontractor of the person, partnership or unincorporated association.
(2) The Minister may, by legislative instrument, specify a person, partnership or unincorporated association (the employer ) if the Minister is satisfied that:
(a) the employer may pose a risk to the safety or welfare of a person performing work in the employment, or under the supervision, of the employer; or
(b) the performance of work in the employment, or under the supervision, of the employer may pose a risk to the safety or welfare of a person.
(3) Without limiting subregulation (2), the Minister may specify a person, partnership or unincorporated association using any or all of the following information:
(a) the name of the person, partnership or unincorporated association;
(b) the ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999 ) of the person, partnership or unincorporated association;
(c) any other information that identifies the person, partnership or unincorporated association.
Note: This regulation constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).
3 At the end of subclause 417.211(5) of Schedule 2
Add:
; and (d) the work was not carried out for an excluded employer.
4 At the end of subclause 417.211(6) of Schedule 2
Add:
; and (f) that work was not carried out for an excluded employer.
5 At the end of subclause 462.218(1) of Schedule 2
Add:
; and (d) the work was not carried out for an excluded employer.
6 At the end of subclause 462.219(1) of Schedule 2
Add:
; and (f) that work was not carried out for an excluded employer.
7 In the appropriate position in Schedule 13
Insert:
Part 97 -- Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021
9701 Application of amendments
(1) The amendments made by Schedule 1 to the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 (the amending Schedule ) apply in relation to any visa application made after the commencement of the amending Schedule.
(2) However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule 2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work.