Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p47
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 47/79)
Character Range: 537717–540467

and nomination training contribution charge—Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Skills in Demand) visa and Subclass 482 (Temporary Skill Shortage) visa
 (1) The Minister may refund the fee mentioned in subregulation 2.73(5) or (7), or any nomination training contribution charge mentioned in subregulation 2.73(5A), paid in relation to a nomination if:
 (a) any of subregulations (2) to (3E) apply; and
 (b) the Minister:
 (i) receives a written request for a refund from the person who paid the amount; or
 (ii) considers it is reasonable in the circumstances to refund the amount to the person who paid the amount without receiving a written request for a refund.
 (2) This subregulation applies if the nomination is made because of a mistake by Immigration.
 (3) This subregulation applies if:
 (a) the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Labour Agreement stream or a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream; and
 (b) the person is a party to a work agreement; and
 (c) the person withdraws the nomination before a decision is made under section 140GB of the Act because:
 (i) the person has listed an occupation in the nomination that is not specified in the work agreement as an occupation that the person may nominate in relation to Subclass 457 (Temporary Work (Skilled)) visas, Subclass 482 (Skills in Demand) visas and Subclass 482 (Temporary Skill Shortage) visas; or
 (ii) the number of nominations in relation to Subclass 457 (Temporary Work (Skilled)) visas, Subclass 482 (Skills in Demand) visas and Subclass 482 (Temporary Skill Shortage) visas made by the person and approved by the Minister under section 140GB of the Act is equal to or greater than the number of approved nominations in relation to those types of visa permitted under the work agreement for the year.
 (3A) This subregulation applies if:
 (a) the person withdraws the nomination before a decision is made under section 140GB of the Act; and
 (b) the reason for withdrawing the nomination is that the information in the nomination used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.
 (3B) This subregulation applies if:
 (a) the nomination is of an occupation for a Subclass 482 (Temporary Skill Shortage) visa in the Short‑term stream or Medium‑term stream or a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream; and
 (b) at the time the person made the nomination, the person had applied to be approved as a standard business sponsor; and
 (c) the person withdraws the nomination before a decision is made under section 140GB of the Act because:
 (i) the