Migration Regulations 1994

For the purposes of these Regulations and subject to subregulation (2), a business is a main business in relation to an applicant for a visa if:

the applicant has, or has had, an ownership interest in the business; and

the applicant maintains, or has maintained, direct and continuous involvement in management of the business from day to day and in making decisions affecting the overall direction and performance of the business; and

the value of the applicant’s ownership interest, or the total value of the ownership interests of the applicant and the applicant’s spouse or de facto partner, in the business is or was:

if the business is operated by a publicly listed company—at least 10% of the total value of the business; or

if:

the business is not operated by a publicly listed company; and

the annual turnover of the business is at least AUD400 000;

if:

the business is not operated by a publicly listed company; and

the annual turnover of the business is less than AUD400 000;

the business is a qualifying business.

If an applicant has, or has had, an ownership interest in more than 1 qualifying business that would, except for this subregulation, be a main business in relation to the applicant, the applicant must not nominate more than 2 of those qualifying businesses as main businesses.