Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Subregulation 2.61(2) (table items 1 and 2)
Repeal the items.
2 After subregulation 2.61(3)
Insert:
(3A) If a person makes an application for approval as a standard business sponsor:
(a) the application must be made using the internet; and
(b) the application must be made using the form specified by the Minister in an instrument in writing for this paragraph; and
(c) the application must be accompanied by the fee specified by the Minister in an instrument in writing for this paragraph.
(3B) For subregulation (3A):
(a) if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for approval as a standard business sponsor, in circumstances specified in the instrument, the application may be made in that way; and
(b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and
(c) if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee.
Note: Subregulation (3A) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulation (3A) if special circumstances exist.
3 Subregulations 2.66(2), (3) and (4)
Repeal the subregulations, substitute:
(2) The application must be made using the internet.
(3) The application must be made using the form specified by the Minister in an instrument in writing for this subregulation.
(4) The application must be accompanied by the fee specified by the Minister in an instrument in writing for this subregulation.
(5) For subregulations (2) to (4):
(a) if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for a variation of a term of an approval as a standard business sponsor, in circumstances specified in the instrument, the application may be made in that way; and
(b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and
(c) if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee.
Note: Subregulation (2) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (2) to (4) if special circumstances exist.
4 Subregulation 2.73(1A)
After "(6)", insert "and (9)".
5 Subregulations 2.73(2) and (3)
Repeal the subregulations, substitute:
(2) The nomination must be made using the internet.
(3) The approved form for the nomination is the form specified by the Minister in an instrument in writing for this subregulation.
6 Subregulation 2.73(5)
Repeal the subregulation, substitute:
(5) The nomination must be accompanied by the fee specified by the Minister in an instrument in writing for this subregulation.
7 At the end of regulation 2.73
Add:
(9) For subregulations (2) to (5):
(a) if the Minister specifies, in an instrument in writing for this subregulation, a different way of making a nomination of an occupation, in circumstances specified in the instrument, the application may be made in that way; and
(b) if the Minister specifies in the instrument a form for the different way of making the nomination, the nomination must be made using that form; and
(c) if the Minister specifies in the instrument a different fee for making the nomination, the nomination must be accompanied by that fee; and
(d) an instrument made for this subregulation does not apply to a nomination made before 1 July 2010.
Note: Subregulation (2) relates to making nominations on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulations (2) to (5) if special circumstances exist.
8 Paragraphs 1223A(1)(b) to (bc) of Schedule 1
Repeal the paragraphs, substitute:
(b) If:
(i) the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and
(ii) paragraph (bb) does not apply;
the application must be made as an internet application using the form specified by the Minister in an instrument in writing for this paragraph.
(ba) If:
(i) the applicant seeks to satisfy the criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and
(ii) paragraph (bb) does not apply; and
(iii) the applicant has been unable to lodge an application in accordance with paragraph (b) in a circumstance specified by the Minister in an instrument in writing for this paragraph;
the application may be made in a way, and using a form, specified by the Minister in that instrument.
(bb) If the applicant:
(i) seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and
(ii) is not making a combined application with the applicant seeking to satisfy the primary criteria for the grant of that visa;
the application must be made as an internet application using the form specified by the Minister in an instrument in writing for this paragraph.
(bc) If:
(i) the applicant seeks to satisfy the secondary criteria for the grant of a Subclass 457 (Temporary Work (Skilled)) visa; and
(ii) the applicant has been unable to lodge an application in accordance with paragraph (bb) in a circumstance specified by the Minister in an instrument in writing for this paragraph;
the application may be made in a way, and using a form, specified by the Minister in that instrument.
9 Paragraphs 1223A(3)(aa), (af) and (ag) of Schedule 1
Repeal the paragraphs, substitute:
(aa) An applicant for a Subclass 457 (Temporary Work (Skilled)) visa may be in or outside Australia, but not in immigration clearance.
10 Paragraph 1223A(3)(ca) of Schedule 1
Repeal the paragraph.
11 Subitem 1303(1) of Schedule 1
After "1066,", insert "1066 (Internet), 1066S (Internet),".
12 Subitem 1305(1) of Schedule 1
After "1066,", insert "1066 (Internet), 1066S (Internet),".