Commonwealth Consolidated Regulations

MIGRATION AMENDMENT REGULATIONS 2009 (NO. 5) - REG 2.68

                For paragraph 140GA (2) (b) of the Act, the criterion that must be satisfied for the Minister to approve an application for a variation of a term of approval as a standard business sponsor is that the Minister is satisfied that:

                (a)    the applicant has applied for the variation in accordance with the process set out in regulation 2.66; and

               (b)    the applicant is a standard business sponsor; and

                (c)    the approval the applicant is seeking to vary was granted on or after 14 September 2009; and

               (d)    the applicant is lawfully operating a business (whether in or outside Australia); and

                (e)    if the applicant is lawfully operating a business in Australia, and has traded in Australia for 12 months or  more -- the applicant meets the benchmarks for the training of Australian citizens and Australian permanent residents specified in an instrument in writing made for this paragraph; and

                (f)    if the applicant is lawfully operating a business in Australia, and has traded in Australia for less than 12 months -- the applicant has an auditable plan to meet the benchmarks specified in the instrument in writing made for paragraph (e); and

                (g)    if the applicant is lawfully operating a business in Australia -- the applicant has attested in writing that the applicant has a strong record of, or a demonstrated commitment to:

                          (i)    employing local labour; and

                         (ii)    non-discriminatory employment practices; and

                (h)    either:

                          (i)    there is no adverse information known to the Minister about the applicant or a person associated with the applicant; or

                         (ii)    it is reasonable to disregard any adverse information known to the Minister about the applicant or a person associated with the applicant; and

Note for paragraph (h)    The meanings of adverse information and associated with are explained in subregulations 2.57 (2) and (3).

                 (i)    if the applicant is lawfully operating a business outside Australia and does not lawfully operate a business in Australia -- the applicant is seeking to vary the terms of approval as a standard business sponsor in relation to a holder of, or an applicant or a proposed applicant (the visa applicant ) for, a Subclass 457 (Business (Long Stay)) visa, and the applicant intends for the visa holder or visa applicant to:

                          (i)    establish, or assist in establishing, on behalf of the applicant, a business operation in Australia with overseas connections; or

                         (ii)    fulfil, or assist in fulfilling, a contractual obligation of the applicant.