MIGRATION REGULATIONS 1994 - REG 2.57 Interpretation
MIGRATION REGULATIONS 1994 - REG 2.57
Interpretation"Australian organisation" means a body corporate, a partnership or an unincorporated association (other than an individual or a sole trader) that is lawfully established in Australia.
"competent authority" means a Department or regulatory authority that administers or enforces a law that is alleged to have been contravened.
"discriminatory recruitment practice" means a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.
"foreign government agency" includes the following:
(i) that is conducted under the official auspices of a foreign national government; and
(ii) that is operating in Australia;
including foreign tourist and media bureaus, trade offices and other foreign government entities;
(b) a foreign diplomatic or consular mission in Australia;
(i) that is conducted under the official auspices of an international organisation recognised by Australia; and
(ii) that is operating in Australia.
"government agency" means an agency of the Commonwealth or of a State or Territory.
"ineligible sponsor" has the meaning given by subregulation 2.60U(2).
"meets the conduct requirements" has the meaning given by regulation 2.60X.
"meets the general sponsor requirements" has the meaning given by regulation 2.60V.
"meets the outstanding debt requirements" has the meaning given by regulation 2.60Y.
"meets the partner requirements" has the meaning given by regulation 2.60Z.
"overseas employer" , in relation to a person who applies, or proposes to apply, for a Training and Research (Class GC) visa, means:
(a) a body corporate, or an unincorporated association (other than an individual or sole trader), that conducts activities under the auspices of the government of a foreign country or a province, territory or state of a foreign country; and
(b) a multilateral agency that:
(ii) has operated for a continuous period of 12 months before the date of the application; or
(c) a registered business that:
(i) is conducted by a body corporate or unincorporated association (other than an individual or sole trader) outside Australia; and
(ii) is actively and lawfully operating outside Australia; and
(iii) has actively and lawfully operated outside Australia for a continuous period of 12 months before the date of application; and
"participant costs" , for a primary sponsored person in a professional development program conducted by a professional development sponsor, means the costs of:
(a) the primary sponsored person's travel and entry to Australia; and
(b) the primary sponsored person's tuition for the professional development program; and
(c) the primary sponsored person's accommodation in Australia; and
(d) the primary sponsored person's living expenses in Australia; and
(e) the primary sponsored person's health insurance in Australia; and
(f) the primary sponsored person's return travel from Australia.
"passes the income test" has the meaning given by regulation 2.60W.
"permitted sponsored person" : a person (the first person ) is a permitted sponsored person in relation to another person (the second person ) if:
(a) the first person is a parent of the second person; or
(b) both of the following apply:
(i) the first person is a parent of the spouse or de facto partner of the second person;
(ii) the spouse or de facto partner is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; or
(c) all of the following apply:
(i) the first person is a parent of a deceased spouse or de facto partner (the deceased partner ) of the second person or a spouse or de facto partner of such a parent;
(ii) immediately before the death of the deceased partner, the deceased partner was the parent sponsor of the first person;
(iii) no more than 90 days after the death of the deceased partner, the second person makes an application, in accordance with the process referred to in regulation 2.61A, for approval as a family sponsor of the first person;
(iv) the first person holds a Subclass 870 (Sponsored Parent (Temporary)) visa.
"previously sponsored parent" : a person (the parent ) is a previously sponsored parent in relation to another person (the sponsoring child ) if the sponsoring child, or a spouse or de facto partner of the sponsoring child, was previously the parent sponsor of the parent.
(a) in relation to a person who is or was approved as a work sponsor in a class of sponsor (the approved sponsor ) under subsection 140E(1) of the Act--means:
(A) who holds a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(I) was last identified in an approved nomination by the approved sponsor; or
(II) satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(I) was last identified in an approved nomination by the approved sponsor; or
(II) satisfied the primary criteria for the grant of the visa on the basis of the approved sponsor having agreed, in writing, to be the approved sponsor in relation to the person; or
(b) in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister)--means:
(A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(B) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(D) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.
"professional development agreement" means a written agreement between:
(a) a person applying for approval as a professional development sponsor; and
(b) an overseas employer of the person who is intended to be a primary sponsored person.
"professional development program" means a program that meets the requirements mentioned in subregulation 2.60(2).
"secondary sponsored person" :
(a) in relation to a person who is or was approved as a work sponsor in a class of sponsor (the approved sponsor ) under subsection 140E(1) of the Act--means:
(A) who holds a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(B) who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and
(I) who was last identified in an approved nomination by the approved sponsor; or
(II) in relation to whom the approved sponsor was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the approved sponsor; or
(A) who holds a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(B) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person's birth; and
(C) who is a member of the family unit of:
(I) a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or
(II) a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(D) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person's birth; and
(E) who is a member of the family unit of:
(I) a primary sponsored person who was last identified in an approved nomination by the approved sponsor; or
(II) a primary sponsored person whom the approved sponsor has agreed in writing to be the approved sponsor of; or
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a visa of a kind mentioned in regulation 2.56 (other than a Subclass 870 (Sponsored Parent (Temporary)) visa); and
(D) who was granted the visa on the basis of satisfying the secondary criteria for the grant of the visa; and
(I) who was last identified in an approved nomination by the approved sponsor; or
(II) in relation to whom the approved sponsor was the last person to have agreed in writing to the person being a secondary sponsored person in relation to the approved sponsor; or
(b) in relation to a party to a work agreement (other than a Minister) or a former party to a work agreement (other than a Minister)--means:
(A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(B) who was granted the visa on the basis of having satisfied the secondary criteria for the grant of the visa; and
(I) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(II) in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or
(A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(B) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person's birth; and
(C) who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(D) who was granted the visa on the basis of satisfying the secondary criteria for the grant of the visa; and
(I) who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement; or
(II) in relation to whom the party to a work agreement or the former party to a work agreement was the last person to have agreed, in writing, to the person being a secondary sponsored person in relation to the party to a work agreement or the former party to a work agreement; or
(A) who is in the migration zone; and
(B) who does not hold a substantive visa; and
(C) whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
(D) who is taken, under section 78 of the Act, to have been granted the visa at the time of the person's birth; and
(E) who is a member of the family unit of a primary sponsored person who was last identified in an approved nomination by the party to a work agreement or the former party to a work agreement.
"sponsorship start day" for a person means the day on which the person is approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act.
"sporting organisation" means:
(a) an Australian organisation that administers or promotes sport or sporting events; or
(b) a government agency that administers or promotes sport or sporting events; or
(c) a foreign government agency that administers or promotes sport or sporting events.
Note: Approved sponsor is defined in subsection 5(1) of the Act.
(3A) In this Part (other than paragraph 2.72(18)(a) or 2.72C(17)(a) or subparagraph 2.79(3)(b)(iii) or 2.79A(3)(a)(iii)), a set of terms and conditions of employment for a person (the first set ) is less favourable than another set of terms and conditions of employment for a person if:
(a) the earnings provided for in the first set are less than the earnings provided for in the other set; and
(b) there is no substantial contrary evidence that the first set is not less favourable than the other set.
(5) In this Part, a person will perform a volunteer role if:
(a) the person will not receive remuneration for performing the duties of the position, other than the following:
(i) reimbursement for reasonable expenses incurred by the person in performing the duties;
(b) the duties would not otherwise be carried out by an
Australian citizen or an Australian permanent resident in return for wages.