Migration Regulations 1994

This regulation applies to a person who is or was an approved work sponsor.

The person must keep records:

of a kind:

if the person is a standard business sponsor—specified in subregulation (3); or

if the person is a party to a work agreement—specified in subregulations (3) and (3A); or

if the person is a temporary activities sponsor, a temporary work sponsor or a professional development sponsor—specified in paragraphs (3)(a) and (b); and

of a kind specified by the Minister in an instrument in writing (if any) made for this subparagraph; and

in a reproducible format; and

either:

in the manner specified by the Minister in an instrument in writing (if any) made for this subparagraph; or

if the record is a record mentioned in subparagraph (3)(a)(iii), (3)(e)(i), (3)(e)(ii) or paragraph (3)(g)—in a manner that is capable of being verified by an independent person; and

for the period specified in subregulation (4), (5) or (6).

For paragraph (2)(a), the records are:

if the obligation mentioned in regulation 2.80 applies to the person:

a record of the written request by the primary sponsored person or secondary sponsored person for the payment of return travel costs; and

a record of when the written request for the payment of return travel costs was received by the person; and

a record of how the person complied with the request to pay return travel costs, including:

the costs paid; and

who the costs were paid for; and

the date of the payment of the costs; and

if the obligation mentioned in regulation 2.84 applies to the person:

a record of a notification to Immigration of an event specified in regulation 2.84 for the person; and

a record of the particulars of the notification of the event, including:

the date on which the person notified Immigration of the event; and

the method by which the notification was provided; and

where the notification was provided; and

if:

the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

a record of the location or locations at which the tasks mentioned in paragraph (c) were performed; and

if the obligation mentioned in regulation 2.79 or 2.79A applies to the person:

a record of the money paid to the primary sponsored person; and

a record of the money applied or dealt with in any way on the primary sponsored person’s behalf or as the primary sponsored person directed; and

a record of the non‑monetary benefits provided to the primary sponsored person, including the agreed value and the time at which, or the period over which, those benefits were provided; and

if there is an equivalent worker or workers in the person’s workplace—a record of the terms and conditions that apply, or did apply, to an equivalent worker or workers, including the period over which the terms and conditions applied; and

a copy of the written contract of employment under which the primary sponsored person is employed; and

if the person was approved as a standard business sponsor before 12 August 2018 and was lawfully operating a business in Australia at the time of:

the person’s approval as a standard business sponsor; or

the approval of a variation to the person’s approval as a standard business sponsor;

records to substantiate the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for nominations in relation to which the person is liable for nomination training contribution charge.

For subparagraph (2)(a)(ii), the records are the records specified in the work agreement as records that must be kept.

If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligation mentioned in subregulation (2):

starts to apply on the day on which the person is approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act; and

ends 2 years after the first day on which each of the following occurs concurrently:

the person ceases to be an approved work sponsor;

there is no primary sponsored person or secondary sponsored person in relation to the person.

If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):

starts to apply on the day on which the work agreement commences; and

ends 2 years after the first day on which each of the following occurs concurrently:

the person ceases to be a party to a work agreement;

there is no primary sponsored person or secondary sponsored person in relation to the person.

However, the obligation mentioned in subregulation (2) does not require a person to keep a record for a period of more than 5 years.