Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p16
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 16/38)
Character Range: 795226–798058

that indicates that the identified person is not genuinely performing the tasks of the occupation as specified in ANZSCO; or
 (ii) it is reasonable to disregard any such information;
 (h) the nominator:
 (i) was the standard business sponsor, or the party to a work agreement, who last identified the identified person in a nomination approved under section 140GB of the Act; and
 (ii) is actively and lawfully operating a business in Australia;
 (j) the application identifies a need for the identified person to be employed in the position, under the direct control of the nominator;
 (k) there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
 (l) the identified person will be employed on a full‑time basis in the position for at least 2 years;
 (m) the terms and conditions of the identified person's employment will not include an express exclusion of the possibility of extending the period of employment;
 (n) the nominator's business has the capacity to employ the identified person for at least 2 years and to pay the person at least the annual market salary rate for the occupation each year;
 (o) the requirements set out in subregulation 2.72(15) are met, applying subregulations 2.72(15) and (16) as if:
 (i) paragraph 2.72(15)(a) did not apply; and
 (ii) references to the nominee were references to the identified person; and
 (iii) references to the person were references to the nominator; and
 (iv) the words in paragraph 2.72(15)(d) were replaced with "the annual market salary rate, excluding any non‑monetary benefits, for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the amount of the core skills income threshold"; and
 (v) the words in paragraph 2.72(15)(f) were replaced with "the identified person's annual earnings, excluding any non‑monetary benefits, in relation to the occupation will not be less than the amount of the core skills income threshold"; and
 (vi) the words in subparagraph 2.72(16)(a)(i) were replaced with "the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the amount of the core skills income threshold";
 (p) either:
 (i) there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the identified person are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or
 (ii) it is reasonable to disregard any such information;
 (q) the nominator has provided the information required by the Minister for the purposes of paragraph