Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person who:
(a) is a party to a labour agreement; or
(b) is a pre‑qualified business sponsor; or
(c) is a standard business sponsor (other than a person to which subregulation (3A) applies); or
(d) before 1 July 2003:
(i) did not operate a business in Australia; and
(ii) gave the Minister undertakings in accordance with approved form 1067; and
(iii) was a person whom the Minister was satisfied (apart from not operating a business in Australia) would, on application, have been likely to have been approved as a standard business sponsor; or
(e) is a party to an IASS agreement;
may nominate to the Minister an activity in which an individual is proposed to be employed by the person in Australia.
(2) Subject to subregulation (2A), if the person is mentioned in paragraph (1) (b), (c), (d) or (e), the tasks of the nominated activity must correspond to the tasks of an occupation specified in a Gazette Notice for the purposes of this subregulation.
(2A) If:
(a) a person nominated an activity under regulation 1.20G or 1.20GA as a standard business sponsor; and
(b) at the time at which the Minister considers the nomination under regulation 1.20H:
(i) the tasks of the nominated activity no longer correspond to the tasks of an occupation as described in subregulation (2) or subparagraph 1.20GA (1) (a) (i); and
(ii) the person who made the nomination has become a party to a labour agreement of which that activity is the subject;
the nomination is to be taken to have been made by the person under regulation 1.20G, as a party to a labour agreement, and for regulation 1.20H, subregulation (2) is taken not to apply in relation to the consideration of the nomination.
(3) A nomination must be made:
(a) if the nomination is made by a standard business sponsor
who is actively and lawfully operating a business outside Australia (or by an
applicant for approval as a standard business sponsor who is actively and
lawfully operating
a business outside Australia) -- in accordance with
approved form 1196; or
(b) in any other case -- in accordance with approved form 1196 or 1196 (Internet).
(3A) This subregulation applies to a standard business sponsor if:
(a) the sponsor's business activities include activities relating to either or both of:
(i) the recruitment of labour for supply to other unrelated businesses; and
(ii) the hiring of labour to other unrelated businesses; and
(b) the proposed nominated activity is an activity in relation to which the sponsor proposes supplying the services of a sponsored visa holder to another unrelated business.
Example
A person who proposes to nominate an activity, in relation to which a sponsored visa holder would come to Australia, for the purpose of hiring out the visa holder's services to another business, rather than to work directly in the person's business.
(4) If the person is mentioned in paragraph (1) (b), (c), (d) or (e), the nomination must indicate that:
(a) the applicant will be paid at the level specified in the nomination; and
(b) that level will be at least the minimum salary level that applied at the time the nomination was made.
(5) Subject to subregulation (6), the nomination must be accompanied by a fee, as follows:
(a) if the person became a party to a labour agreement on or after 1 July 2003, the fee is $60;
(b) if the person's application for approval as a standard business sponsor was made before 1 July 2003, the fee is $280;
(c) if, before 1 July 2003, the person:
(i) did not operate a business in Australia; and
(ii) gave the Minister undertakings in accordance with approved form 1067; and
(iii) was a person whom the Minister was satisfied (apart from not operating a business in Australia) would, on application, have been likely to have been approved as a standard business sponsor;
the fee is $280;
(d) if the person's application for approval as a standard business sponsor was made on or after 1 July 2003, the fee is $60.
(6) No fee is payable if:
(a) the person:
(i) became a party to a labour agreement before 1 July 2003; and
(ii) is a party to the agreement when the person nominates the activity; or
(b) the person is a pre‑qualified business sponsor; or
(c) the person is a party to an IASS agreement.
(7) The Minister may refund a fee paid under paragraph (5) (c) or (d) if:
(a) each of the following applies:
(i) the tasks of the nominated activity no longer correspond to the tasks of an occupation specified in a Gazette Notice for subregulation (2);
(ii) the person withdraws the nomination for that reason before a decision is made under regulation 1.20H; or
(b) each of the following applies:
(i) the nomination is approved;
(ii) after the approval, but before a visa is granted in relation to the approval, the tasks of the nominated activity no longer correspond to the tasks of an occupation specified in a Gazette Notice for subregulation (2).