Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p25
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 25/38)
Character Range: 818387–821111

in paragraph (9)(a).

Investor requirements
 (11) The investor must be an individual.
 (12) The investor must make an investment or philanthropic contribution (or both):
 (a) personally; or
 (b) with the investor's spouse or de facto partner; or
 (c) by means of a company that has issued shares and in which:
 (i) the investor holds all of the issued shares; or
 (ii) the investor and the investor's spouse or de facto partner hold all of the issued shares; or
 (d) by means of a trust to which the following applies:
 (i) the trust is lawfully established;
 (ii) the investor is the sole trustee or the investor and the investor's spouse or de facto partner are the sole trustees;
 (iii) the investor is the sole beneficiary or the investor and the investor's spouse or de facto partner are the sole beneficiaries.

5.19E  Complying entrepreneur activity
 (1) An activity that an applicant for a visa is undertaking, or proposing to undertake, is a complying entrepreneur activity if all the requirements set out in this regulation are met.
Note: For the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream, the applicant must be undertaking, or proposing to undertake, a complying entrepreneurial activity (see Subdivision 188.28 of Schedule 2).
 (2) The activity:
 (a) relates to an innovative idea that is proposed to lead to:
 (i) the commercialisation of a product or service in Australia; or
 (ii) the development of an enterprise or business in Australia; and
 (b) does not relate to an activity specified, whether individually or by class, in an instrument under subregulation (6).
 (3) If the applicant is invited to apply for the visa before 1 July 2021, all of the following apply:
 (a) funding in relation to the activity is to be provided to any of the following (the entrepreneurial entity):
 (i) the applicant;
 (ii) a body corporate;
 (iii) a partnership;
 (b) the funding is to be provided under one or more legally enforceable agreements in effect between the entrepreneurial entity and one or more entities covered by subregulation (5);
 (c) if the applicant is not the entrepreneurial entity—the applicant personally held, at the time the agreement or each agreement was entered into, at least a 30% share in the ownership of the entrepreneurial entity;
 (d) the total amount of the funding provided or to be provided under the agreement or agreements is at least $200,000;
 (e) under the agreement or each agreement, at least 10% of the funding is to be paid to the entrepreneurial entity within 12 months of the day the activity starts to be undertaken in Australia;
 (f) there is in place a business plan for the entrepreneurial entity that the