Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:8_8103:p1
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 8 cl 8103 (pt 1/2)
Character Range: 2419892–2422357

8103  The holder must not undertake work in Australia without the permission in writing of the Minister, which may be:
 (a) in relation to specified work; or
 (b) for a specified time.
8104 (1) The holder must not engage in work for more than 40 hours a fortnight while the holder is in Australia.
 (2) Subject to subclauses (2A) and (2B), if the holder is a member of the family unit of a person who satisfies the primary criteria for the grant of a student visa, the holder must not engage in work in Australia until the person who satisfies the primary criteria has commenced a course of study.
 (2A) Subclause (2) does not apply to the holder if:
 (a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and
 (b) the holder was permitted to work in Australia during the period that the previous visa was in effect.
 (2B) Subclause (2) does not apply to the holder if the person who satisfies the primary criteria for the grant of the student visa:
 (a) held a substantive visa or a bridging visa (the previous visa) at the time of applying for the student visa; and
 (b) was permitted to work in Australia during the period that the previous visa was in effect.
 (2C) If subclause (2) does not apply to the holder because of subclause (2A) or (2B), then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight:
 (a) while the holder is in Australia; and
 (b) before the course of study mentioned in subclause (2) commences.
 (3) If the course of study mentioned in subclause (2) is for the award of a masters or doctoral degree, then despite subclause (1), the holder may engage in work for more than 40 hours a fortnight while the holder is in Australia.
 (3A) If the visa held is a Subclass 500 (Student) visa, or a bridging visa granted on the basis of a valid application for a Subclass 500 (Student) visa, this clause applies as if the reference in subclauses (1), (2C) and (3) to 40 hours were instead a reference to 48 hours.
 (4) In this clause:
fortnight means the period of 14 days commencing on a Monday.
8105 (1A) Subject to subclause (1B), the holder must not engage in any work in Australia before the holder's course of study commences.
 (1B) Subclause (1A) does not apply to the holder if:
 (a) at the time of applying for the visa, the holder held a substantive visa or a bridging visa (the previous visa); and
 (b) the holder was permitted to work in