Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 After paragraph 2.56(baa)
Insert:
(bab) the Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream;
2 Paragraph 1234(3)(b) of Schedule 1
Omit "and (caa)", substitute ", (caa) and (cac)".
3 After paragraph 1234(3)(cab) of Schedule 1
Insert:
(cac) If:
(i) an applicant is seeking to satisfy the criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream; and
(ii) the applicant does not hold a Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream when the application is made; and
(iii) if the last substantive visa held by the applicant was a Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream--that visa expired more than 28 days before the application is made;
the applicant must be outside Australia.
(cad) If an applicant is seeking to satisfy the primary criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream, the applicant must meet the requirement in subitem (3D).
4 Subitem 1234(3) of Schedule 1 (note)
After "the Pacific Labour Scheme stream", insert ", the Australian Agriculture Worker stream".
5 After subitem 1234(3C) of Schedule 1
Insert:
(3D) For the purposes of paragraph (3)(cad), an applicant meets the requirement in this subitem if:
(a) the applicant is participating, as a worker, in the Australian Agriculture Worker Program administered by Foreign Affairs; and
(b) the applicant specifies in the application a person who has agreed to be the applicant's sponsor in relation to the application and the person is:
(i) a temporary activities sponsor or a person who has applied for approval as a temporary activities sponsor but whose application has not yet been decided; and
(ii) participating, as an employer, in the Australian Agriculture Worker Program administered by Foreign Affairs.
6 Clause 403.111 of Schedule 2 (note)
After "For", insert " Foreign Affairs and".
7 Division 403.2 of Schedule 2 (note to the heading)
Omit " 403.27" (wherever occurring), substitute "403.28".
8 At the end of Division 403.2 of Schedule 2
Add:
403.28--Criteria for the Australian Agriculture Worker stream
Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Australian Agriculture Worker stream.
Each of the following applies:
(a) the applicant is participating, as a worker, in the Australian Agriculture Worker Program administered by Foreign Affairs;
(b) an approved sponsor has agreed to be the sponsor of the applicant and the sponsor is:
(i) a temporary activities sponsor; and
(ii) participating, as an employer, in the Australian Agriculture Worker Program administered by Foreign Affairs;
(c) the sponsor has not withdrawn the sponsor's agreement to be the sponsor of the applicant;
(d) the sponsor has not ceased to be the sponsor of the applicant;
(e) either:
(i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or
(ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor;
(f) the applicant:
(i) is seeking to enter Australia for the purposes of the Australian Agriculture Worker Program; or
(ii) is in Australia and holds, or the last substantive visa held by the applicant was, a Subclass 403 visa in the Australian Agriculture Worker stream;
(g) the applicant satisfies public interest criteria 4005 and 4019.
9 After subclause 403.411(2A) of Schedule 2
Insert:
(2B) An applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Australian Agriculture Worker stream:
(a) if the applicant holds, or the last substantive visa held by the applicant was, a Subclass 403 (Temporary Work (International Relations)) visa in the Australian Agriculture Worker stream--may be in or outside Australia, but not in immigration clearance, when the visa is granted; or
(b) otherwise--must be outside Australia when the visa is granted.
10 Subclause 403.411(3) of Schedule 2
Omit "or (2A)", substitute " , (2A) or (2B)".
11 At the end of Division 403.6 of Schedule 2
Add:
(1) This clause applies to an applicant who satisfies the primary criteria for the grant of a Subclass 403 visa in the Australian Agriculture Worker stream.
(2) The visa is subject to:
(a) conditions 8303, 8501 and 8611; and
(b) if specified by the Minister--one of the following conditions:
(i) condition 8575;
(ii) condition 8576.
(3) Conditions 8301, 8502, 8503, 8516, 8525 and 8578 may be imposed.
12 At the end of Schedule 8
Add:
8611 If the visa is a Subclass 403 visa in the Australian Agriculture Worker stream, the holder:
(a) must not work other than:
(i) for the holder's sponsor in relation to the visa; or
(ii) for another person in accordance with an arrangement endorsed by Foreign Affairs; and
(b) must not engage in work on the holder's own account.