Migration Regulations 1994

This clause applies to the applicant if any of subclauses (2) to (8) apply to the applicant.

This subclause applies to the applicant if:

the applicant seeks to enter or remain in Australia to perform:

as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and

in a film or television production that is subsidised, in whole or in part, by a government in Australia; and

in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements; and

the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that the relevant Australian content criteria have been met; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and

the eligible sponsor or eligible supporter holds any necessary licences in respect of the production; and

the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.

This subclause applies to the applicant if:

the applicant seeks to enter or remain in Australia to perform:

as an entertainer under a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia; and

in a film or television production that is not subsidised in any way by a government in Australia; and

in a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements; and

the Arts Minister, or a person authorised by the Arts Minister, has provided a certificate confirming that:

citizens and residents of Australia have been afforded a reasonable opportunity to participate in all levels of the production; and

the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production is greater than the amount to be expended on entertainers sponsored or supported for entry; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and

the eligible sponsor or eligible supporter holds any necessary licences in respect of the production; and

the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia.

This subclause applies to the applicant if:

the applicant seeks to enter or remain in Australia to perform as an entertainer under a performing contract that:

is not related to a film or television production; and

is for one or more specific engagements (other than non‑profit engagements) in Australia; and

the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and

the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and

the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and

the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.

This subclause applies to the applicant if:

the applicant will be directing, producing or taking another part (otherwise than as a performer) in:

a film, television or radio production that is to be shown or broadcast in Australia; or

a theatre production or concert that is to be performed in Australia; or

a recording that is to take place in Australia; and

the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and

the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and

the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and

the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for the production, concert or recording.

This subclause applies to the applicant if:

the applicant will be supporting an entertainer or a body of entertainers in relation to a performing contract for one or more specific engagements (other than non‑profit engagements) in Australia by assisting a performance or by providing personal services; and

the activity of the applicant referred to in paragraph (a) will bring a net employment benefit to the Australian entertainment industry; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and

the eligible sponsor or eligible supporter holds any necessary licences in respect of the activity of the applicant referred to in paragraph (a); and

the eligible sponsor or eligible supporter has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia; and

the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.

This subclause applies to the applicant if:

the applicant will be:

performing as an entertainer in one or more specific engagements that are for non‑profit purposes; or

supporting an entertainer or a body of entertainers in relation to one or more specific engagements that are for non‑profit purposes, by assisting a performance or by providing personal services; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant; and

the eligible sponsor or eligible supporter has provided an itinerary specifying the dates and venues for all performances.

This subclause applies to the applicant if:

the applicant will participate in the making of a documentary program or commercial that is for an overseas market; and

either:

an eligible sponsor passes the sponsorship test in relation to the applicant; or

if the applicant was outside Australia when the application was made, and stated on the application form that the proposed length of stay did not exceed 3 months—an eligible supporter passes the support test in relation to the applicant.

For the purposes of this clause, a person is an eligible sponsor if:

the person is a temporary activities sponsor or an entertainment sponsor; and

the person is:

an Australian organisation that is lawfully operating in Australia; or

a government agency; or

a foreign government agency.

For the purposes of this clause, a person or organisation is an eligible supporter if the person or organisation is:

an Australian organisation that is lawfully operating in Australia; or

a government agency; or

a foreign government agency; or

an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

These criteria must be satisfied by applicants who are members of the family unit of a person who satisfies the primary criteria.

All criteria must be satisfied at the time a decision is made on the application.