Migration Regulations 1994

For the purposes of subsection 140F(1) of the Act, a person may apply to the Minister for approval as a work sponsor, in relation to a class of sponsor specified in subregulation 2.58(1), in accordance with the process set out in this regulation.

A person (other than a Minister) who is a party to a work agreement is an approved work sponsor and does not need to be approved as a work sponsor under subsection 140E(1) of the Act (see paragraph (b) of the definition of approved work sponsor in subsection 5(1) of the Act).

If a person makes an application for approval as a standard business sponsor or a temporary activities sponsor:

the application must be made using the internet; and

if the application is for approval as a standard business sponsor—the application must be made using:

if, at the time the application is made, the applicant is a standard business sponsor other than an overseas business sponsor—the form specified by the Minister in a legislative instrument made for the purposes of this subparagraph; or

in any other case—the form specified by the Minister in a legislative instrument made for the purposes of this subparagraph; and

if the application is for approval as a temporary activities sponsor—the application must be made using the form specified by the Minister in a legislative instrument made for the purposes of this paragraph; and

the application must be accompanied by the fee specified by the Minister in an instrument in writing for this paragraph.

For subregulation (3A):

if the Minister specifies in an instrument in writing for this subregulation a different way of making an application for approval as a standard business sponsor or a temporary activities sponsor, in circumstances specified in the instrument, the application may be made in that way; and

if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form; and

if the Minister specifies in the instrument a different application fee for making the application, the application must be accompanied by that fee.

Subregulation (3A) relates to making applications on the internet. It may be necessary for the Minister to specify arrangements other than those in subregulation (3A) if special circumstances exist.

The Minister may refund the fee for an application for approval as a standard business sponsor if:

the application is made because of a mistake by Immigration; and

the Minister:

receives a written request for a refund from the person who paid the fee; or

considers it is reasonable in the circumstances to refund the amount to the person who paid the fee without receiving a written request for a refund.

A refund under subregulation (4) must be paid to the person who paid the fee.

A refund under subregulation (4) may be paid:

in Australian currency; or

if the fee in respect of which the refund is being paid was paid in another currency, in that other currency.