Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p8
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 8/33)
Character Range: 637580–640287

an instrument made under subregulation 2.72C(14);
the person must ensure that:
 (c) if the person is, or was, a standard business sponsor—the primary sponsored person is engaged only as:
 (i) an employee of the person; or
 (ii) an employee of an associated entity of the person; or
 (d) if the person is or was a party to a work agreement——the primary sponsored person is engaged only as an employee of the person.
 (2BA) If:
 (a) the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and
 (b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72C(14); and
 (c) the person is, or was, a standard business sponsor;
the person must ensure that:
 (d) the primary sponsored person is employed under a written contract of employment; and
 (e) the person does not engage in activities that relate to the recruitment of a visa holder, an applicant for a visa or a proposed applicant for a visa for the purpose of supplying the holder, applicant or proposed applicant to a business that is not associated with the person; and
 (f) the person does not engage in activities that relate to the hire of a visa holder to a business that is not associated with the person.
 (2C) If the primary sponsored person holds a visa other than a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the person must ensure that the primary sponsored person works or participates in the nominated occupation, program or activity in relation to which the primary sponsored person was identified.
 (3) The obligations mentioned in subregulations (2) to (2C):
 (a) start to apply:
 (i) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or
 (ii) if the primary sponsored person does not hold a visa mentioned in subregulation (1) on the day the Minister approves the nomination—on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and
 (b) end on the earliest of:
 (i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and
 (ii) the day on which the primary sponsored person is granted a further substantive visa that is in effect and is:
 (A)