# Interpretation

> reg-2.57 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.57 Interpretation
          (1) In this Part:
               Australian organisation means a body corporate, a partnership or an
               unincorporated association (other than an individual or a sole trader) that is
               lawfully established in Australia.
               competent authority means a Department or regulatory authority that administers
               or enforces a law that is alleged to have been contravened.
               discriminatory recruitment practice means a recruitment practice that directly or
               indirectly discriminates against a person based on the immigration status or
               citizenship of the person, other than a practice engaged in to comply with a
               Commonwealth, State or Territory law.
               foreign government agency includes the following:
                 (a) an organisation:







                       (i) that is conducted under the official auspices of a foreign national
                           government; and
                      (ii) that is operating in Australia;
                     including foreign tourist and media bureaus, trade offices and other foreign
                     government entities;
                 (b) a foreign diplomatic or consular mission in Australia;
                 (c) an organisation:
                       (i) that is conducted under the official auspices of an international
                           organisation recognised by Australia; and
                      (ii) that is operating in Australia.
               government agency means an agency of the Commonwealth or of a State or
               Territory.
               ineligible sponsor has the meaning given by subregulation 2.60U(2).
               meets the conduct requirements has the meaning given by regulation 2.60X.
               meets the general sponsor requirements has the meaning given by
               regulation 2.60V.
               meets the outstanding debt requirements has the meaning given by
               regulation 2.60Y.
               meets the partner requirements has the meaning given by regulation 2.60Z.
               overseas employer, in relation to a person who applies, or proposes to apply, for
               a Training and Research (Class GC) visa, means:
                 (a) a body corporate, or an unincorporated association (other than an
                     individual or sole trader), that conducts activities under the auspices of the
                     government of a foreign country or a province, territory or state of a
                     foreign country; and
                 (b) a multilateral agency that:
                       (i) is operating; and
                      (ii) has operated for a continuous period of 12 months before the date of
                           the application; or
                 (c) a registered business that:
                       (i) is conducted by a body corporate or unincorporated association (other
                           than an individual or sole trader) outside Australia; and
                      (ii) is actively and lawfully operating outside Australia; and
                     (iii) has actively and lawfully operated outside Australia for a continuous
                           period of 12 months before the date of application; and
                     (iv) employs the person.
               participant costs, for a primary sponsored person in a professional development
               program conducted by a professional development sponsor, means the costs of:
                 (a) the primary sponsored person’s travel and entry to Australia; and
                (b) the primary sponsored person’s tuition for the professional development
                     program; and







                 (c) the primary sponsored person’s accommodation in Australia; and
                 (d) the primary sponsored person’s living expenses in Australia; and
                 (e) the primary sponsored person’s health insurance in Australia; and
                  (f) the primary sponsored person’s return travel from Australia.
               passes the income test has the meaning given by regulation 2.60W.
               permitted sponsored person: a person (the first person) is a permitted sponsored
               person in relation to another person (the second person) if:
                (a) the first person is a parent of the second person; or
                (b) both of the following apply:
                      (i) the first person is a parent of the spouse or de facto partner of the
                          second person;
                     (ii) the spouse or de facto partner is an Australian citizen, an Australian
                          permanent resident or an eligible New Zealand citizen; or
                (c) all of the following apply:
                      (i) the first person is a parent of a deceased spouse or de facto partner
                          (the deceased partner) of the second person or a spouse or de facto
                          partner of such a parent;
                     (ii) immediately before the death of the deceased partner, the deceased
                          partner was the parent sponsor of the first person;
                    (iii) no more than 90 days after the death of the deceased partner, the
                          second person makes an application, in accordance with the process
                          referred to in regulation 2.61A, for approval as a family sponsor of the
                          first person;
                    (iv) the first person holds a Subclass 870 (Sponsored Parent (Temporary))
                          visa.
               previously sponsored parent: a person (the parent) is a previously sponsored
               parent in relation to another person (the sponsoring child) if the sponsoring
               child, or a spouse or de facto partner of the sponsoring child, was previously the
               parent sponsor of the parent.
               primary sponsored person:
                (a) in relation to a person who is or was approved as a work sponsor in a class
                    of sponsor (the approved sponsor) under subsection 140E(1) of the Act—
                    means:
                      (i) a person:
                              (A) who holds a visa of a kind mentioned in regulation 2.56
                                   (other than a Subclass 870 (Sponsored Parent (Temporary))
                                   visa); and
                              (B) who:
                                       (I) was last identified in an approved nomination by the
                                          approved sponsor; or
                                      (II) satisfied the primary criteria for the grant of the visa
                                          on the basis of the approved sponsor having agreed, in









                                            writing, to be the approved sponsor in relation to the
                                            person; or
                      (ii) a person:
                               (A) who is in the migration zone; and
                               (B) who does not hold a substantive visa; and
                               (C) whose last substantive visa was a visa of a kind mentioned in
                                    regulation 2.56 (other than a Subclass 870 (Sponsored Parent
                                    (Temporary)) visa); and
                               (D) who:
                                        (I) was last identified in an approved nomination by the
                                           approved sponsor; or
                                       (II) satisfied the primary criteria for the grant of the visa
                                           on the basis of the approved sponsor having agreed, in
                                           writing, to be the approved sponsor in relation to the
                                           person; or
                 (b) in relation to a party to a work agreement (other than a Minister) or a
                     former party to a work agreement (other than a Minister)—means:
                       (i) a person:
                               (A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a
                                    Subclass 482 (Skills in Demand) visa, a Subclass 482
                                    (Temporary Skill Shortage) visa or a Subclass 494 (Skilled
                                    Employer Sponsored Regional (Provisional)) visa; and
                               (B) who was last identified in an approved nomination by the
                                    party to a work agreement or the former party to a work
                                    agreement; or
                      (ii) a person:
                               (A) who is in the migration zone; and
                               (B) who does not hold a substantive visa; and
                               (C) whose last substantive visa was a Subclass 457 (Temporary
                                    Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa,
                                    a Subclass 482 (Temporary Skill Shortage) visa or a Subclass
                                    494 (Skilled Employer Sponsored Regional (Provisional))
                                    visa; and
                               (D) who was last identified in an approved nomination by the
                                    party to a work agreement or the former party to a work
                                    agreement.
               professional development agreement means a written agreement between:
                (a) a person applying for approval as a professional development sponsor; and
                (b) an overseas employer of the person who is intended to be a primary
                    sponsored person.
               professional development program means a program that meets the
               requirements mentioned in subregulation 2.60(2).
               secondary sponsored person:








                  (a) in relation to a person who is or was approved as a work sponsor in a class
                      of sponsor (the approved sponsor) under subsection 140E(1) of the Act—
                      means:
                        (i) a person:
                                (A) who holds a visa of a kind mentioned in regulation 2.56
                                     (other than a Subclass 870 (Sponsored Parent (Temporary))
                                     visa); and
                                (B) who was granted the visa on the basis of having satisfied the
                                     secondary criteria for the grant of the visa; and
                                (C) either:
                                         (I) who was last identified in an approved nomination
                                            by the approved sponsor; or
                                        (II) in relation to whom the approved sponsor was the
                                            last person to have agreed, in writing, to the person
                                            being a secondary sponsored person in relation to the
                                            approved sponsor; or
                       (ii) a person:
                                (A) who holds a visa of a kind mentioned in regulation 2.56
                                     (other than a Subclass 870 (Sponsored Parent (Temporary))
                                     visa); and
                                (B) who is taken, under section 78 of the Act, to have been
                                     granted the visa at the time of the person’s birth; and
                                (C) who is a member of the family unit of:
                                         (I) a primary sponsored person who was last identified
                                            in an approved nomination by the approved sponsor; or
                                        (II) a primary sponsored person whom the approved
                                            sponsor has agreed in writing to be the approved
                                            sponsor of; or
                      (iii) a person:
                                (A) who is in the migration zone; and
                                (B) who does not hold a substantive visa; and
                                (C) whose last substantive visa was a visa of a kind mentioned in
                                     regulation 2.56 (other than a Subclass 870 (Sponsored Parent
                                     (Temporary)) visa); and
                                (D) who is taken, under section 78 of the Act, to have been
                                     granted the visa at the time of the person’s birth; and
                                (E) who is a member of the family unit of:
                                         (I) a primary sponsored person who was last identified
                                            in an approved nomination by the approved sponsor; or
                                        (II) a primary sponsored person whom the approved
                                            sponsor has agreed in writing to be the approved
                                            sponsor of; or
                      (iv) a person:
                                (A) who is in the migration zone; and
                                (B) who does not hold a substantive visa; and








                               (C) whose last substantive visa was a visa of a kind mentioned in
                                    regulation 2.56 (other than a Subclass 870 (Sponsored Parent
                                    (Temporary)) visa); and
                               (D) who was granted the visa on the basis of satisfying the
                                    secondary criteria for the grant of the visa; and
                               (E) either:
                                        (I) who was last identified in an approved nomination
                                           by the approved sponsor; or
                                       (II) in relation to whom the approved sponsor was the
                                           last person to have agreed in writing to the person
                                           being a secondary sponsored person in relation to the
                                           approved sponsor; or
                 (b) in relation to a party to a work agreement (other than a Minister) or a
                     former party to a work agreement (other than a Minister)—means:
                       (i) a person:
                               (A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a
                                    Subclass 482 (Skills in Demand) visa, a Subclass 482
                                    (Temporary Skill Shortage) visa or a Subclass 494 (Skilled
                                    Employer Sponsored Regional (Provisional)) visa; and
                               (B) who was granted the visa on the basis of having satisfied the
                                    secondary criteria for the grant of the visa; and
                               (C) either:
                                        (I) who was last identified in an approved nomination
                                           by the party to a work agreement or the former party to
                                           a work agreement; or
                                       (II) in relation to whom the party to a work agreement or
                                           the former party to a work agreement was the last
                                           person to have agreed, in writing, to the person being a
                                           secondary sponsored person in relation to the party to a
                                           work agreement or the former party to a work
                                           agreement; or
                      (ii) a person:
                               (A) who holds a Subclass 457 (Temporary Work (Skilled)) visa, a
                                    Subclass 482 (Skills in Demand) visa, a Subclass 482
                                    (Temporary Skill Shortage) visa or a Subclass 494 (Skilled
                                    Employer Sponsored Regional (Provisional)) visa; and
                               (B) who is taken, under section 78 of the Act, to have been
                                    granted the visa at the time of the person’s birth; and
                               (C) who is a member of the family unit of a primary sponsored
                                    person who was last identified in an approved nomination by
                                    the party to a work agreement or the former party to a work
                                    agreement; or
                     (iii) a person:
                               (A) who is in the migration zone; and
                               (B) who does not hold a substantive visa; and








                                (C) whose last substantive visa was a Subclass 457 (Temporary
                                    Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa,
                                    a Subclass 482 (Temporary Skill Shortage) visa or a Subclass
                                    494 (Skilled Employer Sponsored Regional (Provisional))
                                    visa; and
                                (D) who was granted the visa on the basis of satisfying the
                                    secondary criteria for the grant of the visa; and
                                (E) either:
                                        (I) who was last identified in an approved nomination
                                            by the party to a work agreement or the former party to
                                            a work agreement; or
                                       (II) in relation to whom the party to a work agreement or
                                            the former party to a work agreement was the last
                                            person to have agreed, in writing, to the person being a
                                            secondary sponsored person in relation to the party to a
                                            work agreement or the former party to a work
                                            agreement; or
                       (iv) a person:
                                (A) who is in the migration zone; and
                                (B) who does not hold a substantive visa; and
                                (C) whose last substantive visa was a Subclass 457 (Temporary
                                    Work (Skilled)) visa, a Subclass 482 (Skills in Demand) visa,
                                    a Subclass 482 (Temporary Skill Shortage) visa or a Subclass
                                    494 (Skilled Employer Sponsored Regional (Provisional))
                                    visa; and
                                (D) who is taken, under section 78 of the Act, to have been
                                    granted the visa at the time of the person’s birth; and
                                (E) who is a member of the family unit of a primary sponsored
                                    person who was last identified in an approved nomination by
                                    the party to a work agreement or the former party to a work
                                    agreement.
               sponsorship start day for a person means the day on which the person is
               approved as a family sponsor in relation to the parent sponsor class under
               subsection 140E(1A) of the Act.
               sporting organisation means:
                 (a) an Australian organisation that administers or promotes sport or sporting
                     events; or
                (b) a government agency that administers or promotes sport or sporting events;
                     or
                 (c) a foreign government agency that administers or promotes sport or sporting
                     events.
               Note:      Approved sponsor is defined in subsection 5(1) of the Act.

        (3A) In this Part (other than paragraph 2.72(18)(a) or 2.72C(17)(a) or
             subparagraph 2.79(3)(b)(iii) or 2.79A(3)(a)(iii)), a set of terms and conditions of








               employment for a person (the first set) is less favourable than another set of
               terms and conditions of employment for a person if:
                 (a) the earnings provided for in the first set are less than the earnings provided
                     for in the other set; and
                 (b) there is no substantial contrary evidence that the first set is not less
                     favourable than the other set.
          (5) In this Part, a person will perform a volunteer role if:
                (a) the person will not receive remuneration for performing the duties of the
                    position, other than the following:
                      (i) reimbursement for reasonable expenses incurred by the person in
                          performing the duties;
                     (ii) prize money; and
                (b) the duties would not otherwise be carried out by an Australian citizen or an
                    Australian permanent resident in return for wages.
