Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 At the end of subregulation 2.60L(2)
Add:
(f) a foreign government agency in relation to which the following circumstances exist:
(i) the foreign government agency is the employer of a holder of a Subclass 403 (Temporary Work (International Relations)) visa in the Privileges and Immunities stream;
(ii) the visa holder is the national managing director, deputy national managing director or state manager of an Australian office of the foreign government agency; or
(g) a foreign organisation in relation to which the following circumstances exist:
(i) the foreign organisation is lawfully operating in Australia;
(ii) the foreign organisation is the employer of a holder of a Subclass 457 (Temporary Work (Skilled)) visa;
(iii) the visa holder is the national managing director, deputy national managing director or state manager of an Australian office of the foreign organisation.
2 Subregulation 2.72J(2)
Omit "(3), (4) and (5)", substitute "(3), (4), (5) and (6)".
3 At the end of regulation 2.72J
Add:
Domestic Work (Executive)
(6) If:
(a) the person is an approved long stay activity sponsor who:
(i) is:
(A) a foreign government agency; and
(B) the employer of the holder of a Subclass 403 (Temporary Work (International Relations)) visa in the Privileges and Immunities stream; or
(ii) is:
(A) a foreign organisation lawfully operating in Australia; and
(B) the employer of the holder of a Subclass 457 (Temporary Work (Skilled)) visa; and
(b) the visa holder is the national managing director, deputy national managing director or state manager of an Australian office of the foreign government agency or foreign organisation;
the Minister is satisfied that:
(c) the identified visa holder or applicant will be employed to undertake full-time domestic duties in the private household of the holder of the Subclass 403 (Temporary Work (International Relations)) or Subclass 457 (Temporary Work (Skilled)) visa who is employed by the long stay activity sponsor mentioned in paragraph 2.72J(6)(a); and
(d) the number of domestic workers granted a visa for employment in the household of the holder of the Subclass 403 (Temporary Work (International Relations)) or Subclass 457 (Temporary Work (Skilled)) visa will not, at any time, exceed 3 (including the identified visa holder or applicant); and
(e) the identified visa holder or applicant:
(i) has turned 18; and
(ii) has experience working as a domestic worker; and
(f) the long stay activity sponsor provides evidence that:
(i) the long stay activity sponsor has been unable to find a suitable person in Australia for the nominated occupation; or
(ii) there are compelling reasons for employing the identified visa holder or applicant.
4 Regulation 2.80A (heading)
Repeal the heading, substitute:
2.80A Obligation to pay travel costs--domestic worker (executive)
5 After subregulation 2.80A(1)
Insert:
(1A) This regulation also applies to a person who is or was a long stay activity sponsor of a primary sponsored person or a secondary sponsored person if:
(a) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream; or
(b) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream.
6 Subparagraphs 2.87(2A)(b)(i) and (ii)
Repeal the subparagraphs, substitute:
(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
7 Clause 401.111 of Schedule 2
Insert:
foreign government agency has the meaning given by subregulation 2.57(1).
8 Division 401.2 of Schedule 2 (note)
After "If an applicant applies for a Subclass 401 visa in the Religious Worker stream, the criteria in Subdivisions 401.21 and 401.24 are the primary criteria.", insert "If an applicant applies for a Subclass 401 visa in the Domestic Worker (Executive) stream, the criteria in Subdivisions 401.21 and 401.25 are the primary criteria.".
9 Division 401.2 of Schedule 2 (note, fifth paragraph)
Repeal the paragraph, substitute:
The primary criteria must be satisfied by at least one member of a family unit, unless a member of the family unit holds one of the following visas on the basis of satisfying the primary criteria:
(a) a Subclass 411 (Exchange) visa;
(b) a Subclass 421 (Sport) visa;
(c) a Subclass 427 (Domestic Worker (Temporary)--Executive) visa;
(d) a Subclass 428 (Religious Worker) visa.
10 After Subdivision 401.24 of Schedule 2
Insert:
401.25 -- Criteria for Domestic Worker (Executive) stream
Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 401 visa in the Domestic Worker (Executive) stream.
(1) The applicant is identified in a nomination by a long stay activity sponsor who is a foreign organisation or a foreign government agency.
(2) The nomination meets the criteria in subregulation 2.72J(6).
(3) The applicant is to be employed or engaged in Australia in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.
11 Division 401.3 of Schedule 2 (note)
Repeal the note, substitute:
Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria or holds one of the following visas on the basis of satisfying the primary criteria:
(a) a Subclass 411 (Exchange) visa;
(b) a Subclass 421 (Sport) visa;
(c) a Subclass 427 (Domestic Worker (Temporary)--Executive) visa;
(d) a Subclass 428 (Religious Worker) visa.
All criteria must be satisfied at the time a decision is made on the application.
12 Paragraph 401.311(d) of Schedule 2
Repeal the paragraph, substitute:
(d) a Subclass 427 (Domestic Worker (Temporary)--Executive) visa;
(e) a Subclass 428 (Religious Worker) visa.