Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:13_6704:p2
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 13 cl 6704 (pt 2/3)
Character Range: 2572468–2575138

may refund the fee paid in relation to a nomination made before the commencement day of an occupation in relation to a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa if:
 (a) the nomination is approved under section 140GB of the Act before the commencement day; and
 (b) the proposed applicant did not apply for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day; and
 (c) the Minister:
 (i) receives a written request for a refund from the person who paid the fee; or
 (ii) 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.
 (10) The Minister may refund the fee paid in relation to a nomination made, but not finally determined, before the commencement day of an occupation in relation to a proposed applicant for a Subclass 457 (Temporary Work (Skilled)) visa if the proposed applicant did not apply for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination before the commencement day.
 (11) A refund under subclause (9) or (10) must be paid to the person who paid the fee.
 (12) A refund under subclause (9) or (10) may be paid:
 (a) in Australian currency; or
 (b) if the amount of the fee in respect of which the refund is being paid was paid in another currency, in that other currency.
 (13) The amendments of regulation 2.74 made by the amending regulations apply in relation to a nomination made on or after the commencement day.
 (14) Despite the amendments of regulation 2.75 made by the amending regulations, that regulation, as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply in relation to a nomination made before the commencement day.
 (15) However, paragraph 2.75(2)(b) does not apply in relation to a nomination made before the commencement day if:
 (a) before the commencement day, the person identified in the nomination applied for a Subclass 457 (Temporary Work (Skilled)) visa on the basis of the nomination; and
 (b) within 12 months after the day on which the nomination is approved, the person applies to the Tribunal for review of a decision to refuse to grant the visa.
 (16) Despite the repeal of subregulation 4.02(4C) by the amending regulations, that subregulation, as in force immediately before the commencement of Schedule 1 to the amending regulations, continues to apply, on and after the commencement day, in relation to a decision under subsection 140GA(2) of the Act not to vary a term specified in an approval, if the application for the variation was made before the