Commonwealth Consolidated Regulations

MIGRATION AMENDMENT REGULATIONS 2009 (NO. 5)

- made under the Migration Act 1958

TABLE OF PROVISIONS

           Division 1.4--Sponsorship not applicable to Division 3A of Part 2 of the Act

   1.20.   Sponsorship undertakings  

           Division 1.4B--Limitation on certain sponsorships under Division 1

   PART 2A--SPONSORSHIP APPLICABLE TO DIVISION 3A OF PART 2 OF THE ACT

           Division 2.11--Introductory

   2.56.   Application  
   2.57.   Interpretation  
   2.57A.  Meaning of earnings  

           Division 2.12--Classes of sponsor

   2.58.   Classes of sponsor  

           Division 2.13--Criteria for approval of sponsor

   2.59.   Criteria for approval as a standard business sponsor  
   2.60.   Criteria for approval as a professional development sponsor  
   2.60A.  Criterion for approval as a temporary work sponsor  
   2.60B.  Criterion for approval as an exchange sponsor  
   2.60C.  Criterion for approval as a foreign government agency sponsor  
   2.60D.  Criterion for approval as a special program sponsor  
   2.60E.  Criterion for approval as a visiting academic sponsor  
   2.60F.  Criterion for approval as an entertainment sponsor  
   2.60G.  Criterion for approval as a sport sponsor  
   2.60H.  Criterion for approval as a domestic worker sponsor  
   2.60I.  Criterion for approval as a religious worker sponsor  
   2.60J.  Criterion for approval as an occupational trainee sponsor  
   2.60K.  Criterion for approval as a superyacht crew sponsor  

           Division 2.14--Application for approval as a sponsor

   2.61.   Application for approval as a sponsor  
   2.62.   Notice of decision  

           Division 2.15--Terms of approval of sponsorship

   2.63.   Standard business sponsor or temporary work sponsor  
   2.64.   Professional development sponsor  
   2.64A.  Special program sponsor  

           Division 2.16--Variation of terms of approval of sponsorship

   2.65.   Application  
   2.66.   Process to apply for variation of terms of approval -- standard business sponsor  
   2.66A.  Process to apply for variation of terms of approval -- temporary work sponsor  
   2.67.   Terms of approval that may be varied  
   2.68.   Criteria for variation of terms of approval -- standard business sponsor  
   2.68A.  Criteria for variation of terms of approval -- temporary work sponsor  
   2.69.   Notice of decision  

           Division 2.17--Nominations

   2.70.   Application  
   2.72.   Criteria for approval of nomination -- Subclass 457 (Business (Long Stay)) visa  
   2.72A.  Criteria for approval of nomination -- various visas  
   2.72B.  Criteria for approval of nomination -- Subclass 411 (Exchange) visa  
   2.72C.  Criteria for approval of nomination -- Subclass 419 (Visiting Academic) visa  
   2.72D.  Criteria for approval of nomination -- Subclass 420 (Entertainment) visa  
   2.72E.  Criteria for approval of nomination -- Subclass 421 (Sport) visa  
   2.72F.  Criteria for approval of nomination -- Subclass 423 (Media and Film Staff) visa  
   2.72G.  Criteria for approval of nomination -- Subclass 427 (Domestic Worker (Temporary) -- Executive) visa  
   2.72H.  Criteria for approval of nomination -- Subclass 428 (Religious Worker) visa  
   2.72I.  Criteria for approval of nomination -- Subclass 442 (Occupational Trainee) visa  
   2.73.   Process for nomination -- Subclass 457 (Business (Long Stay)) visa  
   2.73A.  Process for nomination -- various visas  
   2.73B.  Process for nomination -- Subclass 420 (Entertainment) visa and Subclass 423 (Media and Film Staff) visa  
   2.73C.  Process for nomination -- Subclass 421 (Sport) visa  
   2.74.   Notice of decision  
   2.75.   Period of approval of nomination -- Subclass 457 (Business (Long Stay)) visa  
   2.75A.  Period of approval of nomination -- other visas  

           Division 2.18--Work agreements

   2.76.   Requirements  

           Division 2.19--Sponsorship obligations

   2.77.   Preliminary  
   2.78.   Obligation to cooperate with inspectors  
   2.79.   Obligation to ensure equivalent terms and conditions of employment  
   2.80.   Obligation to pay travel costs to enable sponsored persons to leave Australia  
   2.80A.  Obligation to pay travel costs -- domestic worker sponsor  
   2.81.   Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen  
   2.82.   Obligation to keep records  
   2.83.   Obligation to provide records and information to the Minister  
   2.84.   Obligation to provide information to Immigration when certain events occur  
   2.85.   Obligation to secure an offer of a reasonable standard of accommodation  
   2.86.   Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity  
   2.87.   Obligation not to recover certain costs from a primary sponsored person or secondary sponsored person  
   2.87A.  Obligation to make same or equivalent position available to Australian exchange participants  

           Division 2.20--Circumstances in which sponsor may be barred or sponsor's approval may be cancelled

   2.88.   Preliminary  
   2.89.   Failure to satisfy sponsorship obligation  
   2.90.   Provision of false or misleading information  
   2.91.   Application or variation criteria no longer met  
   2.92.   Contravention of law  
   2.93.   Unapproved change to professional development program or special program  
   2.94.   Failure to pay additional security  
   2.94A.  Failure to comply with certain terms of special program agreement  
   2.94B.  Failure to pay medical and hospital expenses  

           Division 2.21--Process to bar sponsor or cancel sponsor's approval

   2.95.   Preliminary  
   2.96.   Notice of intention to take action  
   2.97.   Decision  
   2.98.   Notice of decision  

           Division 2.22--Waiving a bar on sponsor's approval

   2.99.   Application  
   2.100.  Circumstances in which a bar may be waived  
   2.101.  Criteria for waiving a bar  
   2.102.  Process to waive a bar  

           Division 2.22A--Inspectors

   2.102A. Period of appointment  
   2.102B. Identity cards  
   2.102C. Purposes for which powers of inspectors may be exercised  

           Division 2.23--Disclosure of personal information

   2.103.  Disclosure of personal information by Minister  
   2.104.  Circumstances in which the Minister may disclose personal information  
   2.105.  Circumstances in which a recipient may use or disclose personal information  
   2.106.  Disclosure of personal information to Minister  
   5.20.   Prescribed penalties -- offences (Act, ss 137, 229, 230 and 245N)  
   5.20A.  Prescribed penalties -- civil penalties (Act, ss 140Q, 140XE, 140XF)  
   5.22.   When can an infringement notice be served?  
   5.25.   What happens if the prescribed penalty is paid?  
   5.28.   Evidence  
   5.29.   Can there be more than one infringement notice for the same offence or contravention of a civil penalty provision?  
   5.31.   Infringement notice not compulsory