Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p35
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 35/79)
Character Range: 506664–509449

reasonable in the circumstances to do so.
 (17) The Minister may, by legislative instrument, specify a method for determining the annual market salary rate for an occupation nominated under section 140GB of the Act or an occupation in relation to which a position is nominated under regulation 5.19.
 (17A) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or the Core Skills stream, the person's business has the capacity to employ the nominee for at least the period of the nomination and to pay the person at least the annual market salary rate for the occupation each year.
 (18) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream or Core Skills stream, the Minister is satisfied that:
 (a) 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 nominee 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; and
 (b) if the person is lawfully operating a business in Australia—the person has not engaged in discriminatory recruitment practices.

Additional requirements in relation to Labour Agreement stream
 (19) If the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream, the Minister is satisfied that:
 (a) the occupation is specified in the work agreement as an occupation that the person may nominate; and
 (b) if the work agreement specifies requirements that must be met by the party to the work agreement—the requirements of the work agreement have been met; and
 (c) 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 less than the number of approved nominations in relation to those types of visa permitted under the work agreement for the year.

2.72AA  Labour market testing
  For paragraph 140GBA(1)(a) of the Act, the class of standard business sponsors is a prescribed class of approved sponsor.

2.72A  Criteria for approval of nomination—Subclass 407 (Training) visa
 (1) This regulation applies to a person (the sponsor):
 (a) who is, or has applied to be, a temporary activities sponsor; and
 (b) who has nominated, under paragraph 140GB(1)(b) of the Act, a program of occupational training (the nominated program) in relation to a holder of, or an applicant or proposed applicant for, a Subclass 407 (Training)