Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p53
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 53/79)
Character Range: 552999–555799

used to work out the amount of nomination training contribution charge in relation to the nomination was incorrect.
 (5) This subregulation applies if:
 (a) the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored 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 (i) the person has withdrawn the application to be approved as a standard business sponsor; or
 (ii) the Minister has refused to approve the person as a standard business sponsor.
 (6) This subregulation applies if:
 (a) the nomination is of an occupation for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
 (b) the person withdraws the nomination before a work agreement is entered.
 (7) This subregulation applies if:
 (a) an application for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa made on the basis of the nomination is finally determined; and
 (b) the grant of the visa is refused:
 (i) under section 501, 501A or 501B of the Act; or
 (ii) because the visa applicant did not satisfy public interest criterion 4001, 4002, 4003, 4003B, 4005, 4007 or 4020.
 (8) This subregulation applies if:
 (a) a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa is granted on the basis of the nomination; and
 (b) the visa holder fails to commence employment in the position associated with the nominated occupation.
 (9) If:
 (a) a nomination made in relation to a person (the nominee) is approved; and
 (b) the nominee ceases to be employed by the person who made the nomination within 1 year after commencing employment with the person; and
 (c) the Minister:
 (i) receives a written request for a refund from the person; or
 (ii) considers it is reasonable in the circumstances to give a refund without receiving a written request for a refund;
the Minister may refund any nomination training contribution charge mentioned in subregulation 2.73B(6) paid in relation to the nomination, less:
 (d) if the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination is less than $10,000,000—$600; or
 (e) otherwise—$1,000.
 (10) A refund under subregulation (1) or (9) must be paid to the person who paid the amount.

2.74  Notice of decision
 (1) The Minister must notify an applicant for approval of a nomination, in writing, of a decision under subsection 140GB(2) of the Act:
 (a) within a reasonable period after making the decision; and
 (b) by attaching a written copy of the approval or