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MIGRATION LEGISLATION AMENDMENT REGULATION 2013 (NO. 3) (SLI NO 146 OF 2013) - SCHEDULE 1

Amendments relating to Subclass 457 (Temporary Work (Skilled)) visas

   

Migration Regulations 1994

1  At the end of regulation 2.59

Add:

             ; and (i)  the applicant has provided to the Minister the number of persons who the applicant proposes to nominate during the period of the applicant's approval as a standard business sponsor, and:

                              (i)  the proposed number is reasonable, having regard to the information provided to the Minister; or

                             (ii)  if the Minister proposes another number of persons as part of considering the application--the applicant has agreed, in writing, to nominate no more than the other number of persons during the period of the applicant's approval as a standard business sponsor; and

                      (j)  if the applicant has previously been a standard business sponsor:

                              (i)  the applicant:

                                        (A)  fulfilled any commitments the applicant made relating to meeting the applicant's training requirements during the period of the applicant's most recent approval as a standard business sponsor; and

                                        (B)  complied with the applicable obligations under Division 2.19 relating to the applicant's training requirements during the period of the applicant's most recent approval as a standard business sponsor; or

                             (ii)  it is reasonable to disregard subparagraph (i).

2  At the end of regulation 2.68

Add:

             ; and (j)  the applicant has provided to the Minister the number of persons who the applicant proposes to nominate during the period of the applicant's approval as a standard business sponsor, as varied, and:

                              (i)  the proposed number is reasonable, having regard to the information provided to the Minister; or

                             (ii)  if the Minister proposes another number of persons as part of considering the application--the applicant has agreed, in writing, to nominate no more than the other number of persons during the period of the applicant's approval as a standard business sponsor; and

                     (k)  either:

                              (i)  the applicant:

                                        (A)  fulfilled any commitments the applicant made relating to meeting the applicant's training requirements during the period of the applicant's most recent approval as a standard business sponsor; and

                                        (B)  complied with the applicable obligations under Division 2.19 relating to the applicant's training requirements during the period of the applicant's most recent approval as a standard business sponsor; or

                             (ii)  it is reasonable to disregard subparagraph (i).

3  At the end of subregulation 2.72(10)

Add:

             ; and (f)  the position associated with the nominated occupation is genuine.

4  Subparagraph 2.82(2)(c)(ii)

Omit "subparagraph (3) (a) (iii) or (3) (e) (i) or (ii)", substitute "subparagraph (3)(a)(iii), (3)(e)(i), (3)(e)(ii) or paragraph (3)(g)".

5  At the end of subregulation 2.82(3)

Add:

             ; and (g)  if the person was lawfully operating a business in Australia at the time of:

                              (i)  the person's approval as a standard business sponsor; or

                             (ii)  the approval of a variation to the person's approval as a standard business sponsor;

                            all records showing that the person has complied with requirements relating to training specified by the Minister in an instrument in writing for subregulation 2.87B(2).

6  At the end of Division 2.19

Add:

2.87B   Obligation to provide training

             (1)  This regulation applies to a person who was lawfully operating a business in Australia at the time of:

                     (a)  the person's approval as a standard business sponsor; or

                     (b)  the approval of a variation to the person's approval as a standard business sponsor.

             (2)  If, during all or part of:

                     (a)  the period of 12 months commencing on the day the person is approved as a standard business sponsor; or

                     (b)  a period of 12 months commencing on an anniversary of that day;

the person is a standard business sponsor of at least one primary sponsored person, the standard business sponsor must comply with requirements relating to training, specified by the Minister in an instrument in writing for this subregulation, for that 12 month period.

             (3)  If, during all or part of:

                     (a)  the period of 12 months commencing on the day the terms of the person's approval as a standard business sponsor are varied; or

                     (b)  a period of 12 months commencing on an anniversary of that day;

the person is a standard business sponsor of at least one primary sponsored person, the standard business sponsor must comply with requirements relating to training, specified by the Minister in an instrument in writing for this subregulation, for that 12 month period.

             (4)  The obligations referred to in subregulations (2) and (3) start to apply on the day the person is approved as a standard business sponsor.

             (5)  If the period of the person's approval as a standard business sponsor is less than 6 years, the obligation referred to in subregulation (2) or (3) ends 3 years after the person is approved as a standard business sponsor.

             (6)  If the period of the person's approval as a standard business sponsor is at least 6 years, the obligation referred to in subregulation (2) or (3) ends 6 years after the person is approved as a standard business sponsor.



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