Migration Act 1958

A person who is, or who has applied to be, an approved work sponsor, or a person who is a party to negotiations for a work agreement, may nominate:

an applicant, or proposed applicant, for a visa of a prescribed kind (however described), in relation to:

the applicant or proposed applicant’s proposed occupation; or

the program to be undertaken by the applicant or proposed applicant; or

the activity to be carried out by the applicant or proposed applicant; or

a proposed occupation, program or activity.

The Minister must approve a person’s nomination if:

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

in a case in which the person is liable to pay nomination training contribution charge in relation to the nomination—the person has paid the charge; and

in any case—the person is an approved work sponsor; and

in any case—the prescribed criteria are satisfied.

Section 140GBB provides an exemption from the labour market testing condition in the case of a major disaster. Section 140GBC provides for exemptions from the labour market testing condition to apply in relation to the required skill level and occupation for a nominated position.

See section 140ZM for when a person is liable to pay nomination training contribution charge.

The regulations may establish a process for the Minister to approve a person’s nomination.

Different criteria and different processes may be prescribed for:

different kinds of visa (however described); and

different classes in relation to which a person may be approved as a work sponsor.

If the regulations provide for notification by the Minister of a decision whether or not to approve a person’s nomination, then the following provisions of the ART Act do not apply to the decision:

section 267 (decision‑maker must have regard to rules when giving notice of decision);

section 268 (requesting reasons for a reviewable decision from decision‑maker).