192.112
In this Part, adverse employer information about a person or organisation (the employer) is any adverse information relevant to the suitability of the employer to employ a person:
who is an applicant for a Subclass 192 (Pacific Engagement) visa; or
who is a spouse or de facto partner of, and has made a combined application with, a person who is an applicant for a Subclass 192 (Pacific Engagement) visa.
Without limiting subclause (1), adverse employer information about an employer includes information that the employer:
has contravened a law of the Commonwealth, a State or a Territory; or
is under investigation, subject to disciplinary action or subject to legal proceedings in relation to a contravention of such a law; or
has been the subject of administrative action (including being issued with a warning) for a possible contravention of such a law by a Department or regulatory authority that administers or enforces the law; or
has become insolvent (within the meaning of section 95A of the Corporations Act 2001); or
has given, or caused to be given, to the Minister, an officer, the ART or a relevant assessing authority a bogus document, or information that is false or misleading in a material particular.
Nothing in this clause affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
In this clause:
information that is false or misleading in a material particular means information that is:
false or misleading at the time it is given; and
relevant to any of the matters the Minister may consider when making a decision under the Act or these Regulations, whether or not the decision is made because of that information.
For the definition of bogus document, see subsection 5(1) of the Act.
The definition of adverse information in regulation 1.03 does not apply for the purposes of this clause.
192.2—Primary criteria
The primary criteria for the grant of a Subclass 192 visa include criteria set out in streams.
If an applicant applies for a Subclass 192 visa in the Pacific Engagement stream, the criteria in Subdivisions 192.21 and 192.22 are the primary criteria for the grant of the visa.
If an applicant applies for a Subclass 192 visa in the Treaty stream, the criteria in Subdivisions 192.21 and 192.23 are the primary criteria for the grant of the visa.
The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
All criteria must be satisfied at the time a decision is made on the application.
192.21—Common criteria
These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 192 visa.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.