Document ID: chunk:federal_register_of_legislation:C2024C00800:section:140gb
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 140GB
Character Range: 378483–380278

140GB  Minister to approve nominations
 (1) A person who is, or who has applied to be, an approved work sponsor, or a person who is a party to negotiations for a work agreement, may nominate:
 (a) an applicant, or proposed applicant, for a visa of a prescribed kind (however described), in relation to:
 (i) the applicant or proposed applicant's proposed occupation; or
 (ii) the program to be undertaken by the applicant or proposed applicant; or
 (iii) the activity to be carried out by the applicant or proposed applicant; or
 (b) a proposed occupation, program or activity.
 (2) The Minister must approve a person's nomination if:
 (a) in a case to which section 140GBA applies, unless the person is exempt under section 140GBB or 140GBC—the labour market testing condition under section 140GBA is satisfied; and
 (aa) in a case in which the person is liable to pay nomination training contribution charge in relation to the nomination—the person has paid the charge; and
 (ab) in any case—the person is an approved work sponsor; and
 (b) in any case—the prescribed criteria are satisfied.
Note 1: Section 140GBB provides an exemption from the labour market testing condition in the case of a major disaster. Section 140GBC provides for exemptions from the labour market testing condition to apply in relation to the required skill level and occupation for a nominated position.
Note 2: See section 140ZM for when a person is liable to pay nomination training contribution charge.
 (3) The regulations may establish a process for the Minister to approve a person's nomination.
 (4) Different criteria and different processes may be prescribed for:
 (a) different kinds of visa (however described); and
 (b) different classes in relation to which a person may be approved as a work sponsor.