Migration Regulations 1994

Work was carried out for an excluded employer if it was done:

for, or for the benefit of, a person, partnership or unincorporated association that was, at the time the work was done, specified in an instrument made under subregulation (2); and

as an employee or contractor of:

the person, partnership or unincorporated association; or

a contractor or subcontractor of the person, partnership or unincorporated association.

The Minister may, by legislative instrument, specify a person, partnership or unincorporated association (the employer) if the Minister is satisfied that:

the employer may pose a risk to the safety or welfare of a person performing work in the employment, or under the supervision, of the employer; or

the performance of work in the employment, or under the supervision, of the employer may pose a risk to the safety or welfare of a person.

Before specifying a person, partnership or unincorporated association under subregulation (2), the Minister must:

give written notice to the person, partnership or unincorporated association stating that the Minister proposes to specify the person, partnership or unincorporated association and the reasons for doing so; and

allow the person, partnership or unincorporated association at least 28 days to make a written submission to the Minister about the proposed specification.

Without limiting subregulation (2), the Minister may specify a person, partnership or unincorporated association using any or all of the following information:

the name of the person, partnership or unincorporated association;

the ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999) of the person, partnership or unincorporated association;

any other information that identifies the person, partnership or unincorporated association.

If the Minister, by legislative instrument, specifies a person, partnership or unincorporated association under subregulation (2), the Minister must, as soon as reasonably practicable, give the person, partnership or unincorporated association a copy of the instrument.

This regulation constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law).