Document ID: chunk:federal_register_of_legislation:F2022C01064:reg:11
Version: federal_register_of_legislation:F2022C01064
Segment Type: reg
Provision Reference: reg 11
Character Range: 19373–22102

11  Certain employees excluded
  For the purposes of paragraph 27(1)(d) of the Act, each of the following employees is a prescribed employee:
 (a) an employee who has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager and who is the holder of:
 (i) a Subclass 456 (Business (Short Stay)) visa granted under the Migration Act 1958; or
 (ii) a Subclass 400 (Temporary Work (Short Stay Specialist)) visa granted under that Act;
 (b) an employee who is the holder of a visa referred to in paragraph (a) if:
 (i) the employee holds a position as a senior executive of a company operating in Australia or is establishing a business activity in Australia on behalf of the employer; and
 (ii) the employee's position carries substantial executive responsibility; and
 (iii) the employee's qualifications for the position are appropriate; and
 (iv) the employee's position is a full‑time position;
 (c) an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:
 (i) the employee has been appointed by a company operating in Australia to be the national managing executive or deputy national managing executive or a state manager; and
 (ii) the employee was nominated as mentioned in clause 482.212 of Schedule 2 to the Migration Regulations 1994 or in paragraph 457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18 March 2018);
 (d) an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:
 (i) the employee holds a position as a senior executive of a company operating in Australia; and
 (ii) the employee was nominated as mentioned in clause 482.212 of Schedule 2 to the Migration Regulations 1994 or in paragraph 457.223(2)(c) or 457.223(4)(a) of that Schedule (as in force before 18 March 2018); and
 (iii) the employee's position carries substantial executive responsibility; and
 (iv) the employee's qualifications for the position are appropriate; and
 (v) the employee's position is a full‑time position;
 (e) an employee who is the holder of a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 457 (Temporary Work (Skilled)) visa granted under the Migration Act 1958 if:
 (i) the employee is establishing a business activity in Australia on behalf of the employer; and
 (ii) the employee's position carries substantial executive responsibility; and
 (iii) the employee's qualifications for the position are appropriate; and
 (iv) the employee's position is a full‑time position.