Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this Part:
" ASCO " means the Australian Standard Classification of Occupations.
" associated entity " has the same meaning as in section 50AAA of the Corporations Act 2001 .
" Australian organisation " means a body corporate, a partnership or an unincorporated association (other than an individual or a sole trader) that is lawfully established in Australia.
base rate of pay means the rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following:
(a) incentive-based payments and bonuses;
(b) loadings;
(c) monetary allowances;
(d) overtime or penalty rates;
(e) any other separately identifiable amounts.
Note This definition is based on the definition of base rate of pay in section 16 of the Fair Work Act 2009 .
" competent authority means " a Department or regulatory authority that administers or enforces a law that is alleged to have been contravened.
foreign government agency includes the following:
(a) an organisation:
(i) that is conducted under the official auspices of a foreign national government; and
(ii) that is operating in Australia;
including foreign tourist and media bureaus, trade offices and other foreign government entities;
(b) a foreign diplomatic or consular mission in Australia;
(c) an organisation conducted under the official auspices of an international organisation recognised by Australia.
" government agency " means an agency of the Commonwealth or of a State or Territory.
officer :
(a) for a corporation -- has the same meaning as in section 9 of the Corporations Act 2001 ; and
(b) for an entity that is neither an individual nor a corporation -- has the same meaning as in section 9 of the Corporations Act 2001 .
overseas employer, in relation to a person who applies, or proposes to apply, for a Sponsored Training (Temporary) (Class UV) visa, means:
(a) a body corporate or an unincorporated association (other than an individual or sole trader) that:
(i) conducts activities under the auspices of the government of a foreign country or a province, territory or state of a foreign country; and
(ii) has agreed to the professional development sponsor, or the proposed professional development sponsor, lodging a visa application on behalf of the person; or
(b) a multilateral agency that:
(i) is operating; and
(ii) has operated for a continuous period of 12 months before the date of the application; and
(iii) has agreed to the professional development sponsor, or the proposed professional development sponsor, lodging a visa application on behalf of the person; or
(c) a registered business that:
(i) is conducted by a body corporate or unincorporated association (other than an individual or sole trader) outside Australia; and
(ii) is actively and lawfully operating outside Australia; and
(iii) has actively and lawfully operated outside Australia for a continuous period of 12 months before the date of application; and
(iv) employs the person.
participant costs , for a primary sponsored person in a professional development program conducted by a professional development sponsor, means the costs of:
(a) the primary sponsored person's travel and entry to Australia; and
(b) the primary sponsored person's tuition for the professional development program; and
(c) the primary sponsored person's accommodation in Australia; and
(d) the primary sponsored person's living expenses in Australia; and
(e) the primary sponsored person's health insurance in Australia; and
(f) the primary sponsored person's return travel from Australia.
primary sponsored person :
(a) in relation to a person who is or was approved as a sponsor in a class of sponsor (the approved sponsor ) under subsection 140E (1) of the Act -- means:
(i) a person:
(A) who holds a visa prescribed for the purpose of section 140A of the Act; and
(B) who:
(I) was last identified in an approved nomination by the approved sponsor; or
(II) satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or
(ii) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa prescribed for section 140A of the Act; and
(D) who:
(I) was last identified in an approved nomination by the approved sponsor; or
(II) satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or
(b) in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister) -- means:
(i) a person:
(A) who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(B) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(ii) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(D) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.
" professional development agreement " means an agreement that meets the requirements mentioned in subregulation 2.60 (2).
" professional development program " means a program that meets the requirements mentioned in subregulation 2.60 (3).
" related body corporate " has the same meaning as in section 50 of the Corporations Act 2001 .
secondary sponsored person :
(a) in relation to a person who is or was approved as a sponsor in a class of sponsor (the approved sponsor ) under subsection 140E (1) of the Act -- means:
(i) a person:
(A) who holds a visa prescribed for the purposes of section 140A of the Act; and
(B) who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and
(C) either:
(I) who was last identified in an approved nomination by the approved sponsor; or
(II) in relation to whom the approved sponsor was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the approved sponsor; or
(ii) a person:
(A) who holds a visa prescribed for the purposes of section 140A of the Act; and
(B) who is taken to have been granted the visa at the time of the person's birth under section 78 of the Act; and
(C) who is a member of the family unit of:
(I) a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or
(II) a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or
(iii) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa prescribed for the purposes of section 140A of the Act; and
(D) who was taken to have been granted the visa at the time of the person's birth under section 78 of the Act; and
(E) who is a member of the family unit of:
(I) a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or
(II) a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or
(iv) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa prescribed for the purposes of section 140A of the Act; and
(D) who was granted the visa on the basis of satisfying the secondary criteria for the grant of the visa; and
(E) either:
(I) who was last identified in an approved nomination by the approved sponsor; or
(II) in relation to whom the approved sponsor was the last person to have agreed in writing to the person being a secondary sponsored person in relation to the approved sponsor; or
(b) in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister) -- means:
(i) a person:
(A) who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(B) who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and
(C) either:
(I) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(II) in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or
(ii) a person:
(A) who holds a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(B) who is taken to have been granted the visa at the time of the person's birth under section 78 of the Act; and
(C) who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(iii) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(D) the visa was granted on the basis of satisfying the secondary criteria for the grant of the visa; and
(E) either:
(I) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(II) in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement ; or
(iv) a person:
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 421 (Sport) visa, a Subclass 428 (Religious Worker) visa or a Subclass 457 (Business (Long Stay)) visa; and
(D) the visa was taken to have been granted at the time of the person's birth under section 78 of the Act; and
(E) who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.
"sporting organisation" means an Australian organisation that administers or promotes sport or sporting events.
Note Approved sponsor is defined in subsection 5 (1) of the Act.
(2) In this Part:
(a) a person (the associated person ) is associated with a person that is a corporation if the associated person is an officer of the corporation, a related body corporate or an associated entity; and
(b) a person (the associated person ) is associated with a person that is a partnership if the associated person is a partner of the partnership; and
(c) a person (the associated person ) is associated with a person that is an unincorporated association if the associated person is a member of the association's committee of management; and
(d) a person (the associated person ) is associated with a person that is an entity not mentioned in paragraphs (a), (b) and (c) if the associated person is an officer of the entity.
(3) In this Part, adverse information means any adverse information relevant to a person's suitability as an approved sponsor , and includes information that:
(a) the person , or a person associated with the person :
(i) has been found guilty by a court of an offence under a Commonwealth, State or Territory law; or
(ii) has, to the satisfaction of a competent authority, acted in contravention of a Commonwealth, State or Territory law; or
(iii) has been the subject of administrative action (including being issued with a warning), by a competent authority, for a possible contravention of a Commonwealth, State or Territory law; or
(iv) is under investigation, subject to disciplinary action or subject to legal proceedings in relation to an alleged contravention of a Commonwealth, State or Territory law; or
(v) has become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001 ; and
(b) the law mentioned in subparagraphs (a) (i) to (iv) relates to one or more of the following matters:
(i) discrimination;
(ii) immigration;
(iii) industrial relations;
(iv) occupational health and safety;
(v) people smuggling and related offences;
(vi) slavery, sexual servitude and deceptive recruiting;
(vii) taxation;
(viii) terrorism;
(ix) trafficking in persons and debt bondage; and
(c) the conviction, finding of non‑compliance, administrative action, investigation, legal proceedings or insolvency occurred within the previous 3 years.
(3A) In this Part, a set of terms and conditions of employment for a person (the first set ) is less favourable than another set of terms and conditions of employment for a person if:
(a) the earnings provided for in the first set are less than the earnings provided for in the other set; and
(b) there is no substantial contrary evidence that the first set is not less favourable than the other set.
(4) In this Part, the entry of a person to Australia is taken to confer a net employment benefit on Australia if:
(a) the person seeks to enter or remain in Australia to carry out an activity individually or in association with a group; and
(b) the Minister is satisfied that the carrying out of the activity would lead to greater employment of Australian citizens or Australian permanent residents (or both) than if a person normally resident in Australia undertook the activity.
(5) In this Part, a person will perform a volunteer role if:
(a) the person will not receive remuneration for performing the duties of the position, other than the following:
(i) reimbursement for reasonable expenses incurred by the person in performing the duties;
(ii) prize money; and
(b) the duties would not otherwise be carried out by an Australian citizen or an Australian permanent resident in return for wages.