Section 140GB — Minister to approve nominations

140GB Minister to approve nominations

(1) A person who is, or who has applied to be, an approved work sponsor, or a person who is a party to negotiations for a work agreement, may nominate:

(a) an applicant, or proposed applicant, for a visa of a prescribed kind (however described), in relation to:

(i) the applicant or proposed applicant’s proposed occupation; or

(ii) the program to be undertaken by the applicant or proposed applicant; or

(iii) the activity to be carried out by the applicant or proposed applicant; or

(b) a proposed occupation, program or activity.

(2) The Minister must approve a person’s nomination if:

(a) in a case to which section 140GBA applies, unless the person is exempt under section 140GBB or 140GBC—the labour market testing condition under section 140GBA is satisfied; and

(aa) in a case in which the person is liable to pay nomination training contribution charge in relation to the nomination— the person has paid the charge; and

(ab) in any case—the person is an approved work sponsor; and

(b) in any case—the prescribed criteria are satisfied. Note 1: Section 140GBB provides an exemption from the labour market testing condition in the case of a major disaster. Section 140GBC provides for exemptions from the labour market testing condition to apply in relation to the required skill level and occupation for a nominated position. Note 2: See section 140ZM for when a person is liable to pay nomination training contribution charge.

(3) The regulations may establish a process for the Minister to approve a person’s nomination.

(4) Different criteria and different processes may be prescribed for:

(a) different kinds of visa (however described); and

(b) different classes in relation to which a person may be approved as a work sponsor.

(4A) If the regulations provide for notification by the Minister of a decision whether or not to approve a person’s nomination, then the following provisions of the ART Act do not apply to the decision:

(a) section 267 (decision-maker must have regard to rules when giving notice of decision);

(b) section 268 (requesting reasons for a reviewable decision from decision-maker).