Migration Amendment Regulations 2007 (No. )

Schedule 1 Amendments

(regulation 3)

[1] After subregulation 1.20D (2B)

insert

Note Circumstances in which it may be reasonably appropriate for the Minister to approve the application, despite the existence of adverse information about the business background of the sponsor or an investigation for breach of an undertaking or non‑compliance with Australian law, could include a situation in which the adverse information or the potential outcome of the investigation would not, in the Minister’s opinion, result in the sponsorship applicant being deemed unfit to be a sponsor.

[2] After subregulation 1.20DA (2B)

insert

[3] Subregulation 1.20G (2)

omit

If the person

insert

Subject to subregulation (2A), if the person

[4] After subregulation 1.20G (2)

insert

(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.

[5] After subregulation 1.20G (6)

insert

(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).

[6] After subregulation 1.20GA (6)

insert

(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;

[7] Sub‑subparagraph 1.20H (1A) (b) (iii) (B)

omit

Territory;

insert

Territory; or

[8] After paragraph 1.20H (1A) (b)

insert

(i) the person making the nomination is mentioned in paragraph 1.20G (1) (b), (c), (d) or (e); and

(ii) the tasks of the nominated activity do not correspond to the tasks of an occupation specified in a Gazette Notice for subregulation 1.20G (2), as in effect when the Minister considers the nomination; and

(iii) subregulation 1.20G (2A) does not apply; or

(d) in a case in which the nomination was made under regulation 1.20GA:

(i) the tasks of the nominated activity do not correspond to the tasks of an occupation specified in a Gazette Notice for paragraph 1.20GA (1) (a), as in effect when the Minister considers the nomination; and

(ii) subregulation 1.20G (2A) does not apply.

[9] After subregulation 1.20H (1B)

insert

Note Circumstances in which it may be reasonably appropriate for the Minister to approve the nomination, despite the existence of adverse information about the business background of the sponsor or an investigation for breach of an undertaking or non‑compliance with Australian law, could include a situation in which the adverse information or the potential outcome of the investigation would not, in the Minister’s opinion, result in the sponsorship applicant being deemed unfit to be a sponsor.

[10] Subparagraph 2.12F (3) (c) (iii)

omit

the payer.

insert

the payer; and

[11] After paragraph 2.12F (3) (c)

insert

(d) each of the following applies:

(i) the application is for a Temporary Business Entry (Class UC) visa;

(ii) the applicant withdraws the application because the criterion in paragraph 457.223 (4) (ed) or (ee) or (5) (ba) of Schedule 2 cannot be satisfied.

[12] Schedule 2, paragraph 457.223 (2) (b)

substitute

(b) the activity is the subject of an approved business nomination by a person who:

(i) is party to the labour agreement mentioned in paragraph (a) at the time of the nomination; or

(ii) was a standard business sponsor at the time of nomination and subsequently became a party to the labour agreement mentioned in paragraph (a); and

[13] Schedule 2, after paragraph 457.223 (4) (ec)

insert

(ed) for an applicant in respect of whom there is a nomination of an activity under regulation 1.20G — the tasks of the activity correspond to the tasks of an occupation that is specified in a Gazette Notice for subregulation 1.20G (2) that is in effect at the time at which the application is decided; and

(ee) for an applicant in respect of whom there is a nomination of an activity under regulation 1.20GA — the tasks of the activity correspond to the tasks of an occupation that is specified in a Gazette Notice for paragraph 1.20GA (1) (a) that is in effect at the time at which the application is decided; and

[14] Schedule 2, after paragraph 457.223 (5) (b)

insert

(ba) for an applicant in respect of whom there is a nomination of an activity under regulation 1.20G — the tasks of the activity correspond to the tasks of an occupation that is specified in a Gazette Notice for subregulation 1.20G (2) that is in effect at the time at which the application is decided; and