Commonwealth Numbered Regulations

SUPERANNUATION GUARANTEE (ADMINISTRATION) REGULATIONS 2018 (F2018L01289) - REG 11

                   For the purposes of paragraph 27(1)(d) of the Act, each of the following employees is a prescribed employee:

                     (a)  an employee who has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager and who is the holder of:

                              (i)  a Subclass 456 (Business (Short Stay)) visa granted under the Migration Act 1958 ; or

                             (ii)  a Subclass 400 (Temporary Work (Short Stay Specialist)) visa granted under that Act;

                     (b)  an employee who is the holder of a visa referred to in paragraph (a) if:

                              (i)  the employee holds a position as a senior executive of a company operating in Australia or is establishing a business activity in Australia on behalf of the employer; and

                             (ii)  the employee's position carries substantial executive responsibility; and

                            (iii)  the employee's qualifications for the position are appropriate; and

                            (iv)  the employee's position is a full-time position;

                     (c)  an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:

                              (i)  the employee has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager; and

                             (ii)  the employee was nominated as mentioned in clause 482.212 of Schedule 2 to the Migration Regulations 1994 or in paragraph 457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18 March 2018);

                     (d)  an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:

                              (i)  the employee holds a position as a senior executive of a company operating in Australia; and

                             (ii)  the employee was nominated as mentioned in clause 482.212 of Schedule 2 to the Migration Regulations 1994 or in paragraph 457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18 March 2018); and

                            (iii)  the employee's position carries substantial executive responsibility; and

                            (iv)  the employee's qualifications for the position are appropriate; and

                             (v)  the employee's position is a full-time position;

                     (e)  an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:

                              (i)  the employee is establishing a business activity in Australia on behalf of the employer; and

                             (ii)  the employee's position carries substantial executive responsibility; and

                            (iii)  the employee's qualifications for the position are appropriate; and

                            (iv)  the employee's position is a full-time position.