Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p40
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 40/79)
Character Range: 519758–522562

services of a person who is intended to be employed or engaged as a holder of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
 (6) The Minister is satisfied that the position associated with the occupation is located at a place in a part of Australia that, when the nomination was made, was a designated regional area.
Note: A designated regional area is a part of Australia specified in an instrument under regulation 1.15M.
 (7) The Minister is satisfied that any debt due by the person as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full.

Information to be provided as part of nomination
 (8) If the nominee holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the Minister is satisfied that the person has listed on the nomination each other holder of that kind of visa who was granted the visa on the basis of having the necessary relationship with the nominee as mentioned in clause 494.311 of Schedule 2.
 (9) However, the Minister may disregard the fact that one or more persons required to be listed on the nomination are not listed, if the Minister is satisfied it is reasonable in the circumstances to do so.

Nominated occupation
 (10) The Minister is satisfied that:
 (a) the occupation and its corresponding 6‑digit code correspond to an occupation and its corresponding 6‑digit code specified in:
 (i) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream—the instrument made under subregulation (11) in force at the time the nomination is made; or
 (ii) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream—the work agreement; and
 (b) the occupation applies to the nominee in accordance with the instrument or work agreement.
 (11) The Minister may, by legislative instrument, specify occupations and, for each occupation:
 (a) either:
 (i) the 6‑digit ANZSCO code for the occupation; or
 (ii) if there is no 6‑digit ANZSCO code for the occupation—a 6‑digit code for the occupation; and
 (b) if there is no 6‑digit ANZSCO code for the occupation—tasks, qualifications and experience for the occupation; and
 (c) any matters for the purpose of determining whether the occupation applies to a nominee, including matters relating to any of the following:
 (i) the person who nominated the occupation;
 (ii) the nominee;
 (iii) the occupation;
 (iv) the position in which the nominee is to work;
 (v) the circumstances in which the occupation is undertaken;
 (vi) the circumstances in which the nominee is to be employed in the position.
 (12) The Minister is satisfied that the