Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p48
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 48/79)
Character Range: 540237–542905

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 (i) the person has withdrawn the application to be approved as a standard business sponsor; or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.
 (3C) 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 withdraws the nomination before a work agreement is entered.
 (3D) This subregulation applies if:
 (a) an application for a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) 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, 4007 or 4020.
 (3E) This subregulation applies if:
 (a) a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 482 (Skills in Demand) 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.
 (3F) If:
 (a) a nomination made in relation to a person (the nominee) is approved; and
 (b) the period of stay proposed in the nomination is more than 1 year; and
 (c) the nominee ceases to be employed by the person who made the nomination or an associated entity of the person within 1 year after commencing employment with the person or an associated entity of the person; and
 (d) 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 2.73(5A) paid in relation to the nomination, less the amount of nomination training contribution charge that would have been payable in relation to the nomination if the period of stay proposed in the nomination were 1 year.
 (4) A refund under subregulation (1) or (3F) must be paid to the person who paid the amount.
 (5) A refund under subregulation (1) or (3F) may be paid:
 (a) in Australian currency; or
 (b) if the amount in respect of which the refund is being paid was paid in another currency, in that other currency.

2.73A  Process for nomination—Subclass