Document ID: chunk:federal_register_of_legislation:F2019L01451:reg:7:p1
Version: federal_register_of_legislation:F2019L01451
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 6919–9685

7  Different way of making sponsorship applications and nominations

Scope of this section
 (1) For the purposes of the provision of the Regulations mentioned in column 1 of an item of the table in subsection (6), this section specifies:
 (a) a different way of making the sponsorship application or nomination mentioned in column 2 of the item; and
 (b) the circumstances in which the sponsorship application or nomination may be made in that different way; and
 (c) the form for the different way of making the sponsorship application or nomination.

Circumstances in which sponsorship application or nomination may be made in different way
 (2) A person (the applicant) may make the sponsorship application or nomination in the different way if:
 (a) a departmental email, sent in the circumstances mentioned in subsection (3), authorises the applicant to make the sponsorship application or nomination in the different way; and
 (b) electronic lodgement of the sponsorship application or nomination is not prevented by the Act or the Regulations.
 (3) For the purposes of paragraph (2)(a), the circumstances are the following:
 (a) a person in the Department has identified a problem with the Department's Internet application systems;
 (b) because of that problem, the applicant is unable to make an Internet application;
 (c) either the problem cannot be rectified, or both of the following subparagraphs apply:
 (i) it is more likely than not that the problem will not be rectified by the end of the day on which the departmental email is sent;
 (ii) an affected visa applicant will become an unlawful non‑citizen on, or before, the next business day after the departmental email is sent;
 (d) the departmental email:
 (i) is sent from the email address mentioned in column 3 of the item of the table in subsection (6); and
 (ii) includes the approved form mentioned in column 4 of the item; and
 (iii) includes the name and position number of the person who sent the departmental email.
Note: For affected visa applicant, see section 5.

Different way of making sponsorship application or nomination
 (4) The following is the different way of making the sponsorship application or nomination:
 (a) the sponsorship application or nomination, in the form mentioned in subsection (5), must be emailed:
 (i) to the address from which the departmental email was sent; and
 (ii) by the end of the day (by legal time in the Australian Capital Territory) on which the departmental email is sent;
 (b) that email must also include:
 (i) a copy of the departmental email; and
 (ii) the name and position number of the person who sent the departmental email.

Form for making sponsorship application or nomination in different way
 (5) The form for the different way of