Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p14
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 14/38)
Character Range: 790041–792873

Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;
 (iii) a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream;
 (iv) Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream;
 (v) a Subclass 186 (Employer Nomination Scheme) visa in the Labour Agreement stream; and
 (f) be accompanied by the fee mentioned in regulation 5.37; and
 (fa) be accompanied by any nomination training contribution charge the nominator is liable to pay in relation to the nomination; and
 (fb) identify the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination; and
 (g) include a written certification by the nominator stating whether or not the nominator has engaged in conduct, in relation to the nomination, that constitutes a contravention of subsection 245AR(1) of the Act.
 (2A) Paragraph (2)(aa) does not apply if:
 (a) the application identifies a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream; and
 (b) the identified person is a transitional 457 worker or transitional 482 worker at the time the application is made.
 (2AA) For the purposes of paragraph (2)(a):
 (a) if the Minister specifies, in a legislative instrument made for the purposes of this subregulation, a different way of making an application in circumstances specified in the instrument, the application may be made in that way; and
 (b) if the Minister specifies in the instrument a form for the different way of making the application, the application must be made using that form.

Approval of nomination
 (3) The Minister must, in writing:
 (a) approve the nomination if the Minister is satisfied that the requirements set out in subregulation (4) are met; or
 (b) otherwise—refuse to approve the nomination.

Requirements for approval—general
 (4) The requirements to be met for the nomination to be approved are as follows:
 (a) the application is made in accordance with subregulation (2);
 (b) either:
 (i) there is no adverse information known to Immigration about the nominator or a person associated with the nominator; or
 (ii) it is reasonable to disregard any adverse information known to Immigration about the nominator or a person associated with the nominator;
 (c) if it is mandatory, in the State or Territory in which the position is located, for a person to:
 (i) hold a licence of a particular kind; or
 (ii) hold registration of a particular kind; or
 (iii) be a member (or a member of a particular kind) of a particular professional body;
  to perform tasks of the kind to be performed in the occupation, the identified person is, or is eligible to become, the holder of the licence, the holder of the registration, or a member