Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1A) Subregulations (1) to (6) apply to a person:
(a) who is nominating an occupation under paragraph 140GB (1) (b) of the Act; and
(b) who identifies in the nomination a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa as the person who will work in the occupation.
(1) For subsection 140GB (3) of the Act, the person may nominate a proposed occupation in accordance with the process set out in this regulation.
(2) The person must make the nomination in accordance with approved form 1196N or approved form 1196 (Internet).
(3) However, if the person does not operate a business in Australia, the person must make the application in accordance with approved form 1196N.
(4) The person must provide, as part of the nomination:
(a) the information mentioned in subregulations 2.72 (5) and (8) ; and
(b) if the person is a standard business sponsor -- the certification mentioned in paragraph 2.72 (10) (d) ; and
(c) if the person is a party to a work agreement (other than a Minister) -- the certification mentioned in paragraph 2.72 (11) (b) .
(5) The application must be accompanied by a fee of $70 .
(6) The Minister may refund the fee if:
(a) both of the following apply:
(i) the tasks of the nominated occupation no longer correspond to the tasks of an occupation specified in the instrument in writing made for the purpose of paragraph 2.72 (10) (a) ;
(ii) the person withdraws the nomination for that reason before a decision is made under section 140GB of the Act; or
(b) both of the following apply:
(i) the nomination is approved under section 140GB of the Act;
(ii) after the Minister has approved the nomination, but before a visa is granted in relation to the approval, the tasks of the nominated occupation no longer correspond to the tasks of an occupation specified in the instrument in writing made for the purpose of subparagraph paragraph 2.72 (10) (a); or
(c) if the person is a party to a work agreement -- both of the following apply:
(i) the person withdraws the nomination before a decision is made under section 140GB of the Act;
(ii) the reason for withdrawing the nomination is because:
(A) the person has listed an occupation in the nomination that is not specified in the work agreement as an occupation that the person may nominate; or
(b) the number of nominations made by the person and approved by the Minister under section 140GB are equal to or more than the number of approved nominations permitted under the work agreement for the year.
Refund of nomination fee -- nominations approved before 14 September 2009
(7) Subregulation (8) applies to a person who:
(a) nominated an activity under subregulation 1.20G or 1.20GA (as in force immediately before 14 September 2009); and
(b) did not identify in the nomination a holder of, or an applicant or a proposed applicant for, a Subclass 457 (Business (Long Stay)) visa as the person who would undertake the activity; and
(c) received approval for the nomination under regulation 1.20H (as in force immediately before 14 September 2009).
(8) The Minister may refund the nomination fee paid by the person for the approved nomination if the person makes a written request for the refund before the approval for the nomination ceases to have effect under subregulation 1.20H (5) (as in force immediately before 14 September 2009).