# Criteria for waiving a bar

> reg-2.101 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.101 Criteria for waiving a bar
          (1) For the purposes of subsection 140O(3) of the Act, the criteria to be taken into
              account by the Minister in determining whether to waive a bar placed on an
              approved work sponsor are:
                (a) whether the person has made the request to waive the bar in accordance
                    with the process set out in regulation 2.102; and
               (b) if the Minister has not previously refused to waive the bar:
                      (i) whether the interests of Australia would be significantly affected if
                          the bar were not waived; and
                     (ii) whether a substantial trade opportunity would be lost if the bar were
                          not waived; and
                    (iii) whether there would be a significant detriment to the Australian
                          community if the bar were not waived; and
                    (iv) whether the person’s inability to sponsor a proposed primary
                          sponsored person would significantly damage Australia’s relations
                          with the government of another country; and
                     (v) whether significant new evidence or information has come to light
                          which was not available at the time the decision to place the bar was
                          made; and
                (c) if the Minister has previously refused to waive the bar, whether the
                    circumstances relevant to the making of the earlier decision have changed
                    substantially.
          (2) For the purposes of subsection 140O(3) of the Act, the criteria to be taken into
              account by the Minister in determining whether to waive a bar placed on an
              approved family sponsor are:
                (a) whether the person has made the request to waive the bar in accordance
                    with the process set out in regulation 2.102; and
               (b) whether significant new evidence or information has come to light which
                    was not available at the time the decision to place the bar was made; and
                (c) whether there are exceptional circumstances that justify waiving the bar.