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MIGRATION AMENDMENT REGULATIONS 2009 (NO. 5) - REG 2.80A

Obligation to pay travel costs -- domestic worker sponsor

         (1)   This regulation applies to a person who is or was a domestic worker sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person ), if:

                (a)    the sponsored person holds a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa; or

               (b)    the last substantive visa held by the sponsored person was a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa.

         (2)   The person must pay the travel costs of the sponsored person:

                (a)    that will enable the sponsored person to travel to Australia, and leave Australia; and

               (b)    that have not already been paid in accordance with this regulation; and

                (c)    that are reasonable and necessary.

         (3)   Without limiting paragraph (2) (c), a person is taken to have paid reasonable and necessary costs if:

                (a)    the costs include the cost of travel:

                          (i)    to Australia; and

                         (ii)    from the place of arrival in Australia to the sponsored person's usual place of residence in Australia; and

               (b)    the costs include the cost of travel from the sponsored person's usual place of residence in Australia to the place of departure from Australia; and

                (c)    the costs include the cost of travel from Australia to the country from which the sponsored person came to Australia; and

               (d)    the costs are for economy class air travel or the equivalent of economy class air travel.

         (4)   The obligation mentioned in subregulation (2):

                (a)    starts to apply on:

                          (i)    the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

                         (ii)    if the primary sponsored person does not hold a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa on the day the Minister approves the nomination -- the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

               (b)    for a primary sponsored person -- ends on the earliest of:

                          (i)    the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and

                         (ii)    the day on which the primary sponsored person is granted a further substantive visa that:

                                   (A)     is a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

                                   (B)     is in effect; and

                         (iii)    the first day on which each of the following has occurred:

                                   (A)     the primary sponsored person has left Australia;

                                   (B)     the Subclass 427 (Domestic Worker (Temporary) -- Executive) visa has ceased to be in effect;

                                   (C)     if:

                                                (I)     the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

                                               (II)     the last substantive visa held by the primary sponsored person was a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa;

                                             the bridging visa has ceased to be in effect; and

                (c)    for a secondary sponsored person -- ends on the earliest of:

                          (i)    the day on which the Minister approves a nomination under section 140GB of the Act by another approved sponsor in which the primary sponsored person is identified; and

                         (ii)    the day on which the secondary sponsored person is granted a further substantive visa that:

                                   (A)     is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

                                   (B)     is in effect; and

                         (iii)    the first day on which each of the following has occurred:

                                   (A)     the secondary sponsored person has left Australia;

                                   (B)     the Subclass 427 (Domestic Worker (Temporary) -- Executive) visa has ceased to be in effect;

                                   (C)     if:

                                                (I)     the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and

                                               (II)     the last substantive visa held by the secondary sponsored person was a Subclass 427 (Domestic Worker (Temporary) -- Executive) visa;

                                             the bridging visa has ceased to be in effect.



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