to provide a framework for a temporary sponsored work visa program in order to address genuine skills shortages;

to address genuine skills shortages in the Australian labour market:

without displacing employment and training opportunities for Australian citizens and Australian permanent residents (within the meaning of the regulations); and

without the temporary sponsored work visa program serving as a mainstay of the skilled migration program;

(c) to balance the objective of ensuring employment and training opportunities for Australian citizens and Australian permanent residents with that of upholding the rights of non-citizens sponsored to work in Australia under the program;

to impose obligations on sponsors to ensure that:

non-citizens sponsored to work in Australia under the program are protected; and

the program is not used inappropriately;

to enable monitoring, detection, deterrence and enforcement in relation to any inappropriate use of the program;

to give Fair Work Inspectors (including the Fair Work Ombudsman) and inspectors appointed under this Division the necessary powers and functions to investigate compliance with the program.

is known as the Ministerial Advisory Council on Skilled Migration; and

is established under the executive power of the Commonwealth; and

includes representatives of unions, industry and State and Territory governments and other members (if any) nominated by the Minister; and

meets at least quarterly.

in a case to which section 140GBA applies, unless the sponsor is exempt under section 140GBB or 140GBC—the labour market testing condition under section 140GBA is satisfied; and

in any case—the prescribed criteria are satisfied.

the approved sponsor is in a class of sponsors prescribed by the regulations; and

the sponsor nominates:

a proposed occupation for the purposes of paragraph 140GB(1)(b); and

a particular position, associated with the nominated occupation, that is to be filled by a visa holder, or applicant or proposed applicant for a visa, identified in the nomination; and

it would not be inconsistent with any international trade obligation of Australia determined under subsection (2) to require the sponsor to satisfy the labour market testing condition in this section, in relation to the nominated position.

the Minister is satisfied that the approved sponsor has undertaken labour market testing in relation to the nominated position within a period determined under subsection (4) in relation to the nominated occupation; and

the nomination is accompanied by:

evidence in relation to that labour market testing (see subsections (5) and (6)); and

if one or more Australian citizens or Australian permanent residents were, in the previous 4 months, made redundant or retrenched from positions in the nominated occupation in a business, or an associated entity, of the approved sponsor—information about those redundancies or retrenchments; and

having regard to that evidence, and information (if any), the Minister is satisfied that:

a suitably qualified and experienced Australian citizen or Australian permanent resident is not readily available to fill the nominated position; and

a suitably qualified and experienced eligible temporary visa holder is not readily available to fill the nominated position.

must include information about the approved sponsor’s attempts to recruit suitably qualified and experienced Australian citizens or Australian permanent residents to the position and any other similar positions (see also subsection (6)); and

may also include other evidence, such as:

copies of, or references to, any research released in the previous 4 months relating to labour market trends generally and in relation to the nominated occupation; or

expressions of support from Commonwealth, State and Territory government authorities with responsibility for employment matters; or

any other type of evidence determined by the Minister, by legislative instrument, for this subparagraph.

must include details of:

any advertising (paid or unpaid) of the position, and any similar positions, commissioned or authorised by the approved sponsor; and

fees and other expenses paid (or payable) for that advertising; and

may also include other information, such as:

information about the approved sponsor’s participation in relevant job and career expositions; or

details of any other fees and expenses paid (or payable) for any recruitment attempts mentioned in paragraph (5)(a) (including any participation mentioned in subparagraph (i) of this paragraph); or

details of the results of such recruitment attempts, including details of any positions filled as a result.

the person is the holder of a temporary visa referred to in the regulations as a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and

the person is employed in the agricultural sector by the approved sponsor (or an associated entity of the approved sponsor); and

the temporary visa does not prohibit the person from performing that employment.

(a) an event (a major disaster) has occurred in Australia, whether naturally or otherwise, that has such a significant impact on individuals that a government response is required; and

the exemption is necessary or desirable in order to assist disaster relief or recovery.

the number of individuals affected;

the extent to which the nature or extent of the disaster is unusual.

may be expressed to apply in relation to:

a specified nomination by the sponsor; or

a specified class of nominations by the sponsor; and

(b) must be expressed to apply to a particular sponsor specified in the exemption rather than a class of sponsors, despite subsections 33(3A) and (3AB) of the Acts Interpretation Act 1901.

a proposed occupation for the purposes of paragraph 140GB(1)(b); and

a particular position, associated with the nominated occupation, that is to be filled by a visa holder, or applicant or proposed applicant for a visa, identified in the nomination.

either or both of the following are required for the nominated position, in relation to the nominated occupation:

a relevant bachelor degree or higher qualification, other than a protected qualification;

5 years or more of relevant experience, other than protected experience; and

the nominated occupation is specified for the purposes of this subsection under subsection (4).

either or both of the following are required for the nominated position, in relation to the nominated occupation:

a relevant associate degree, advanced diploma or diploma covered by the AQF, other than a protected qualification;

3 years or more of relevant experience, other than protected experience; and

the nominated occupation is specified for the purposes of this subsection under subsection (4).

specify an occupation (or occupations) for the purposes of subsection (2); and

specify an occupation (or occupations) for the purposes of subsection (3).

that is in force on or after the commencement of this Schedule; and

with effect from the time the visa was granted, whether before, on or after the commencement of this Schedule.

paying a market salary rate (however described) to a visa holder;

paying prescribed costs to the Commonwealth in relation to locating a former visa holder, and removing a former visa holder from Australia;

paying prescribed costs of the departure of a visa holder (or a former visa holder) from Australia;

complying with prescribed requirements to keep information, and provide information to the Minister;

notifying the Department of prescribed changes in the circumstances of an approved sponsor, a former approved sponsor, a visa holder or a former visa holder;

cooperating with the exercise of powers under or for the purposes of Subdivision F (which deals with inspector powers);

ensuring that a visa holder participates in an occupation, program or activity nominated by an approved sponsor (including by preventing the on-hire of a visa holder);

requiring an approved sponsor or former approved sponsor not to transfer, charge or recover prescribed costs;

requiring an approved sponsor or former approved sponsor to meet prescribed training requirements.

all approved sponsors or former approved sponsors; or

a specified class (or classes) of approved sponsors or former approved sponsors, and not to all approved sponsors or former approved sponsors.

accept an undertaking under section 140RA from the person;

if the Minister considers that the person has breached such an undertaking—apply for an order under section 140RB;

accept an undertaking under section 140RA from the person;

if the Minister considers that the person has breached such an undertaking—apply for an order under section 140RB;

a written undertaking given by a person that the person will, in order to comply with section 140H in relation to a sponsorship obligation, take specified action;

a written undertaking given by a person that the person will, in order to comply with section 140H in relation to a sponsorship obligation, refrain from taking specified action;

a written undertaking given by a person that the person will take specified action directed towards ensuring that the person does not contravene section 140H in relation to a sponsorship obligation, or is unlikely to contravene that section in relation to such an obligation, in the future.

a person has given an undertaking under section 140RA; and

the undertaking has not been withdrawn or cancelled; and

the Minister considers that the person has breached the undertaking.

an order directing the person to comply with the undertaking;

an order directing the person to pay to the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach;

any order that the court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach;

any other order that the court considers appropriate.

(a) a person, or a member of a class of persons, appointed under subsection (1) (an appointed inspector);

a Fair Work Inspector.

for an appointed inspector—the identity card issued to the inspector under subsection (1); or

(b) for an inspector who is a Fair Work Inspector—the identity card issued to the inspector under the Fair Work Act 2009 (see section 702 of that Act).

for the purpose of investigating whether a person who is required under subsection 140H(1) to satisfy a sponsorship obligation has committed an offence, or contravened a civil penalty provision, under Subdivision C of Division 12 of this Part; or

for any inspector—the Secretary is satisfied that:

the assistance is necessary and reasonable; and

the assistant has suitable qualifications and experience to properly assist the inspector; or

(b) for an inspector who is a Fair Work Inspector—the assistant is authorised to accompany the inspector onto the premises or to the place under Fair Work Act 2009 for any compliance purpose under section 706 of that Act.section 710 of the

a person who is a Fair Work Inspector, whether the person became such an inspector before, on or after the commencement of the amendments; and

(b) the exercise of a power, or the performance of a function, by an inspector under the Migration Act 1958 on or after the commencement of the amendments; and

(c) the exercise of a compliance power by a Fair Work Inspector under Subdivision D of Fair Work Act 2009 on or after the commencement of the amendments.Division 3 of Part 5-2 of the