Document ID: chunk:federal_register_of_legislation:F2025C00115:clause:2_2:p27
Version: federal_register_of_legislation:F2025C00115
Segment Type: clause
Provision Reference: sch 2 cl 2 (pt 27/178)
Character Range: 1491617–1494368

Part:
designated investment means an investment in a security specified by the Minister under regulation 5.19A for this Part.
eligible investment, for a person, means:
 (a) an ownership interest in a business; or
 (b) a loan to a business; or
 (c) cash on deposit; or
 (d) stocks and bonds; or
 (e) real estate; or
 (f) gold or silver bullion;
that is owned by the person for the purpose of producing a return by way of income or capital gain and is not held for personal use.
Note 1: appropriate regional authority, AUD, fiscal year, ownership interest and qualifying business are defined in regulation 1.03.
Note 2: As to beneficial ownership of an asset, eligible investment or ownership interest, see regulation 1.11A.
165.2—Primary criteria
Note: The primary criteria must be satisfied by at least 1 member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria.
165.21—Criteria to be satisfied at time of application

165.211
  The applicant has demonstrated overall a successful record of eligible investment activity or qualifying business activity.

165.212
 (1) The applicant has had a total of at least 3 years experience of direct involvement in managing 1 or more qualifying businesses or eligible investments.
 (2) Throughout at least 1 of the 5 fiscal years immediately before the application is made:
 (a) the applicant maintained direct involvement in managing a qualifying business in which:
 (i) the applicant; or
 (ii) the applicant and his or her spouse or de facto partner together;
  had an ownership interest of at least 10% of the total value of the business; or
 (b) the applicant maintained direct involvement in managing eligible investments of:
 (i) the applicant; or
 (ii) the applicant's spouse or de facto partner; or
 (iii) the applicant and his or her spouse or de facto partner together;
  the total net value of which was at least AUD750 000.
 (3) Throughout the 2 fiscal years immediately before the application is made, the net value of the business and personal assets of the applicant, the applicant's spouse or de facto partner, or the applicant and his or her spouse or de facto partner together, was at least AUD1 125 000.

165.213
  The applicant has demonstrated a high level of management skill in relation to the eligible investment or qualifying business activity.

165.214
  The applicant:
 (a) is less than 55 years old; or
 (b) is proposing to establish or participate in business or investment activity that the appropriate regional authority has determined is of exceptional economic benefit to the State or Territory where the authority is located.

165.215
  Neither the applicant nor his or her spouse or de