Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p29
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 29/37)
Character Range: 2328480–2331151

the Australian Taxation Office (the ATO) for the period mentioned in subclause (1) have been submitted to the ATO and have been included in the application.

892.212
  Unless the appropriate regional authority has determined that there are exceptional circumstances, the applicant meets at least 2 of the following requirements:
 (a) in the period of 12 months ending immediately before the application is made, the main business in Australia, or main businesses in Australia, of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
 (i) provided an employee, or employees, with a total number of hours of employment at least equivalent to the total number of hours that would have been worked by 1 full‑time employee over that period of 12 months; and
 (ii) provided those hours of employment to an employee, or employees, who:
 (A) were not the applicant or a member of the family unit of the applicant; and
 (B) were Australian citizens, Australian permanent residents or New Zealand passport holders;
 (b) the business and personal assets in Australia of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together:
 (i) have a net value of at least AUD250 000; and
 (ii) had a net value of at least AUD250 000 throughout the period of 12 months ending immediately before the application is made; and
 (iii) have been lawfully acquired by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together;
 (c) the assets owned by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, in the main business or main businesses in Australia:
 (i) have a net value of at least AUD75 000; and
 (ii) had a net value of at least AUD75 000 throughout the period of 12 months ending immediately before the application is made; and
 (iii) have been lawfully acquired by the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together.

892.213
 (1) The applicant meets the requirements of subclause (2) or (3).
 (2) An applicant meets the requirements of this subclause if, in the 12 months immediately before the application is made, the applicant's main business in Australia, or main businesses in Australia together, had an annual turnover of at least AUD200 000.
 (3) An applicant meets the requirements of this subclause if:
 (a) the applicant meets at least 2 of the requirements set out in paragraphs 892.212(a), (b) and (c); and