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MIGRATION AMENDMENT (TEMPORARY SPONSORED VISAS) ACT 2013 - SCHEDULE 4

Sponsorship obligations

Part   1 -- Amendments

Migration Act 1958

1   Section   140H (heading)

Repeal the heading, substitute:

140H   Sponsorship obligations--general

2   Before subsection   140H(1)

Insert:

Requirement to satisfy sponsorship obligations

3   Subsection   1 40H(1) (note)

Repeal the note.

4   Before subsection   140H( 2 )

Insert:

Work agreements and sponsorship obligations

5   Before subsection   140H( 4 )

Insert:

Sponsorship obligation regulations

6   After section   140H

Insert:

140HA   Sponsorship obligations -- Minister's responsibility

  (1)   Subject to subsection   ( 2), t he Minister must take all reasonable steps to ensure that regulations made under section   504 for the purposes of subsection   140H(1) include obligations in relation to the following matters:

  (a)   paying a market salary rate (however described) to a visa holder ;

  (b)   paying prescribed costs to the Commonwealth in relation to locating a former visa holder, and removing a former visa holder from Australia ;

  (c)   paying prescribed costs of the departure of a visa holder ( or a former visa holder ) from Australia ;

  (d)   complying with prescribed requirements to keep information, and provide information to the Minister;

  (e)   notifying the Department of prescribed changes in the circumstances of an approved sponsor , a former approved sponsor , a visa holder or a former visa holder;

  (f)   cooperating with the exercise of powers under or for the purposes of Subdivision F (which deals with inspector powers ) ;

  ( g )   ensuring that a visa holder participates in an occupation , program or activity nominated by an approved sponsor ( including by preventing the on - hire of a visa holder );

  ( h )   requiring an approved sponsor or former approved sponsor not to transfer, charge or recover prescribed costs;

  ( i )   requiring an approved sponsor or former approved sponsor to meet prescribed training requirements.

  (2)   For any particular matter mentioned in subsection   ( 1), the Minister must take all reasonable steps to ensure that the obligations in the relevant regulations apply in relation to:

  (a)   all approved sponsors or former approved sponsors; or

  (b)   a specified class (or classes) of approved sponsors or former approved sponsors , and not to all approved sponsors or former approved sponsors.

  ( 3 )   Subsection   ( 1) does not limit the sponsorship obligations that may be prescribed for the purposes of subsection   140H(1).

Part   2 -- Saving

7   Saving

The amendment s of the Migration Act 1958 made by Part   1 do not affect the validity of any regulations made under section   504 of that Act for the purposes of subsection   140H(1) of that Act that are in force immediately before the commencement of this Schedule.



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