Migration Regulations 1994

This regulation applies in relation to a visa if:

the visa is a temporary visa other than:

a bridging visa; or

a criminal justice visa; or

an enforcement visa; and

the visa is subject to a condition (the restricted work condition) restricting the work that the visa holder may do in Australia (other than a condition that prohibits the visa holder from engaging in any work in Australia); and

the Minister is satisfied that the visa holder has not complied with the restricted work condition.

For the purposes of subsection 116(2) of the Act, the Minister is not to cancel the visa under paragraph 116(1)(b) of the Act if all of the following circumstances exist:

a certifying entity that is a government entity has issued a written certificate in relation to the visa holder in respect of a workplace exploitation matter that set outs the matters agreed to by Immigration and the government entity;

the Minister is satisfied that there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the certificate relates;

the Minister is satisfied that the visa holder will comply in future with the purpose of the visa;

the visa holder has committed, in writing, to do both of the following:

to take action, in a timely manner, to resolve the workplace exploitation matter to which the certificate relates;

to comply in future with the visa conditions to which the holder’s visa is subject.

For the purposes of subsection 116(2) of the Act, the Minister is not to cancel the visa under paragraph 116(1)(b) of the Act if all of the following circumstances exist:

a certifying entity that is not a government entity has issued a written certificate stating that the entity considers that:

there is prima facie evidence that the visa holder is currently, or has been within the 12 month period preceding the issue of the certificate, the subject of a workplace exploitation matter; and

there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder is, or has been, subject;

the Minister is satisfied that there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder is, or has been, subject;

the Minister is satisfied that the visa holder will comply in future with the purpose of the visa;

the visa holder has committed, in writing, to do both of the following:

to take action to resolve the workplace exploitation matter in a timely manner;

to comply in future with the visa conditions to which the holder’s visa is subject.

For the purposes of subsection 116(2) of the Act, the Minister is not to cancel the visa under paragraph 116(1)(b) of the Act if all of the following circumstances exist:

a certifying entity that is not a government entity has issued a written certificate stating that the entity considers that:

there is prima facie evidence that the visa holder has been the subject of a workplace exploitation matter at a time that is more than 12 months before the issue of the certificate; and

there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder has been subject;

the Minister is satisfied that:

the workplace exploitation matter to which the visa holder has been subject is serious or systemic in nature; and

there is a connection between the circumstances relating to the breach of the restricted work condition and the workplace exploitation matter to which the visa holder has been subject;

the Minister is satisfied that the visa holder will comply in future with the purpose of the visa;

the visa holder has committed, in writing, to do both of the following:

to take action to resolve the workplace exploitation matter in a timely manner;

to comply in future with the visa conditions to which the holder’s visa is subject.

Subregulations (2), (3) and (4) do not apply in relation to the visa if the Minister is satisfied that the visa holder has failed to comply with a written commitment of a kind mentioned in paragraph (2)(d), (3)(d) or (4)(d), or paragraph 2.43A(2)(e), that the visa holder has previously given in relation to the visa.

Subregulations (2), (3) and (4) do not limit, or otherwise affect, a power or duty of the Minister to cancel the visa under:

paragraph 116(1)(b) of the Act for non‑compliance with a condition (other than the restricted work condition) to which the visa holder’s visa is subject; or

a provision other than paragraph 116(1)(b) of the Act.

For example, see subregulation 2.43(2) for the circumstances in which the Minister must cancel a visa.