Minister to approve nominations
act-s140GB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).