Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A person mentioned in subregulation (2) may nominate to the Minister an activity in which an individual is proposed to be employed by the person in Australia, if:
(a) the tasks of the nominated activity:
(i) correspond to the tasks of an occupation specified in a Gazette Notice for this paragraph; and
(ii) relate to a genuine full‑time position that is necessary to the operation of the person's business; and
(iii) relate to a position that cannot reasonably be filled locally; and
(b) the nomination indicates that the individual will be paid at the level specified in the nomination; and
(c) that level will be:
(i) not less than the level of remuneration provided for under relevant Australian legislation and awards; and
(ii) at least the minimum salary level that applied at the time the nomination was made; and
(d) the individual's working conditions will be no less favourable than working conditions provided for under relevant Australian legislation and awards; and
(e) a body, specified for this paragraph by Gazette Notice, certifies that the nomination meets the requirements of paragraphs (a) to (d).
(2) The person is:
(a) a pre‑qualified business sponsor; or
(b) a standard business sponsor approved under regulation 1.20D:
(i) as in force before 1 July 2003; or
(ii) as in force on or after 1 July 2003;
other than a sponsor in relation to which:
(c) 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
(d) 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.
(3) A nomination must be made in accordance with approved form 1196 or 1196 (Internet) .
(4) If the person is a standard business sponsor to which subparagraph (2) (b) (i) applies, the nomination must be accompanied by a fee of $280.
(5) If the person is a standard business sponsor to which subparagraph (2) (b) (ii) applies, the nomination must be accompanied by a fee of $60 .
(6) If the person is a pre‑qualified business sponsor, no fee is payable.
(7) The Minister may refund a fee paid under subregulation (4) or (5) 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 subparagraph (1) (a) (i) ;
(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 subparagraph (1) (a) (i).