Commonwealth Numbered Regulations

MIGRATION AMENDMENT REGULATIONS 2009 (NO. 13) (SLI NO 289 OF 2009) - SCHEDULE 1

(regulation 3)

[1]           After subregulation 2.72 (7)

insert

      (7A)   In addition to subregulation (6):

                (a)    if:

                          (i)    the person identifies a holder of a Subclass 457 (Business (Long Stay)) visa (the visa holder ) for subregulation (5); and

                         (ii)    the Subclass 457 (Business (Long Stay)) visa was granted after the Minister had waived the requirements of paragraph 4006A (1) (c) of Schedule 4 on the basis of a written undertaking made by the current sponsor of the visa holder (as set out in subclause 4006A (2) of that Schedule);

                        the Minister is satisfied that the person has provided, in writing, an undertaking that is equivalent to the undertaking made by the current sponsor of the visa holder; and

               (b)    if:

                          (i)    the person identifies a holder of a Subclass 457 (Business (Long Stay)) visa (the visa holder ) for subregulation (5); and

                         (ii)    the person has listed on the nomination a person described in paragraph (6) (a); and

                         (iii)    the Subclass 457 (Business (Long Stay)) visa was granted to the person described in paragraph (6) (a) after the Minister had waived the requirements of paragraph 4006A (1) (c) of Schedule 4 on the basis of a written undertaking made by the current sponsor of the visa holder (as set out in subclause 4006A (2) of that Schedule);

                        the Minister is satisfied that the person has provided, in writing, an undertaking that is equivalent to the undertaking made by the current sponsor of the visa holder.

[2]           Schedule 4, subclause 4006A (2)

omit each mention of

relevant employer

insert

relevant nominator

[3]           Schedule 4, subclause 4006A (3)

substitute

                (3)   In subclause (2), relevant nominator means an approved sponsor who:

                (a)    has lodged a nomination in relation to a primary applicant; or

               (b)    has included an applicant who is a member of the family unit of a primary applicant in a nomination for the primary applicant; or

                (c)    has agreed in writing for an applicant who is a member of the family unit of a primary applicant to be a secondary sponsored person in relation to the approved sponsor.