MIGRATION ACT 1958 - SECT 140GB Minister to approve nominations

MIGRATION ACT 1958 - SECT 140GB

  (1)   A person who is, or who has applied to be, an approved work sponsor, or a person who is a party to negotiations for a work agreement, may nominate:

  (a)   an applicant, or proposed applicant, for a visa of a prescribed kind (however described), in relation to:

  (i)   the applicant or proposed applicant's proposed occupation; or

  (ii)   the program to be undertaken by the applicant or proposed applicant; or

  (iii)   the activity to be carried out by the applicant or proposed applicant; or

  (b)   a proposed occupation, program or activity.

  (2)   The Minister must approve a person's nomination if:

  (a)   in a case to which section   140GBA applies, unless the person is exempt under section   140GBB or 140GBC--the labour market testing condition under section   140GBA is satisfied; and

  (aa)   in a case in which the person is liable to pay nomination training contribution charge in relation to the nomination--the person has paid the charge; and

  (ab)   in any case--the person is an approved work sponsor; and

  (b)   in any case--the prescribed criteria are satisfied.

Note 1:   Section   140GBB provides an exemption from the labour market testing condition in the case of a major disaster. Section   140GBC provides for exemptions from the labour market testing condition to apply in relation to the required skill level and occupation for a nominated position.

Note 2:   See section   140ZM for when a person is liable to pay nomination training contribution charge.

  (3)   The regulations may establish a process for the Minister to approve a person's nomination.

  (4)   Different criteria and different processes may be prescribed for:

  (a)   different kinds of visa (however described); and

  (b)   different classes in relation to which a person may be approved as a work sponsor.