Document ID: chunk:federal_register_of_legislation:F2024L00918:reg:7:p1
Version: federal_register_of_legislation:F2024L00918
Segment Type: reg
Provision Reference: reg 7 (pt 1/2)
Character Range: 4403–7089

7  Class of persons
 (1) For the purposes of paragraph 408.228A(1)(b) of Schedule 2 to the Regulations, an applicant for a Subclass 408 (Temporary Activity) visa is specified as being in a class of persons for that paragraph if, at the time of making the visa application, the applicant either:
 (a) holds a substantive visa that:
 (i) is not subject to a condition that prohibits the visa holder from engaging in any work in Australia; and
 (ii) would cease to be in effect in the period of 28 days from the day the application is made; or
 (b) does not hold a substantive visa, and the last substantive visa held by the applicant:
 (i) ceased to be in effect no more than 28 days before the day of application; and
 (ii) was not subject to a condition that prohibits the visa holder from engaging in any work in Australia;
  and the applicant:
 (c) has been issued a certificate by a person, body or government entity determined under section 5 (the certifying entity) that:
 (i) states that a matter relating to workplace exploitation that is of a kind determined under section 6 applies in relation to the applicant; and
 (ii) states that, in the opinion of the certifying entity:
 (A) the applicant's presence in Australia is beneficial to enable the workplace exploitation matter to be addressed in an effective and efficient manner; or
 (B) the applicant's presence in Australia is necessary to enable the workplace exploitation matter to be addressed in an effective and efficient manner and it is in the public interest to address the matter in this manner; and
 (iii) has not been revoked or set aside; and
 (d) is covered by subsection (2) or (3).
 (2) The applicant is covered by this subsection if the applicant has been issued a certificate, by a government entity determined under section 5, which includes the following information:
 (a) the name and workplace address of the government entity; and
 (b) the full name, date of birth and address of the applicant; and
 (c) the visa subclass held by the applicant; and
 (d) if applicable—the last visa subclass held by the applicant; and
 (e) details of the employer where it is alleged the applicant is being or was subjected to workplace exploitation, including the employer's name (whether personal, business or company name), the employer's address and the employer's Australian Business Number; and
 (f) details of the workplace exploitation to which it is alleged the applicant is being or was subjected, including its nature, location of occurrence, duration and frequency of occurrence.
 (3) The applicant is covered by this subsection if the applicant has been issued a certificate, by a person or body determined