# Obligation not to recover, transfer or take actions that would result in another person paying for certain costs

> reg-2.87 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.87 Obligation not to recover, transfer or take actions that would result in
          another person paying for certain costs
          (1) This regulation applies to a person who is or was an approved work sponsor.
        (1A) The person:
              (a) must not take any action, or seek to take any action, that would result in the
                  transfer to another person of some or all of the costs, including migration
                  agent costs:
                     (i) associated with the person becoming an approved work sponsor; or
                    (ii) associated with the person being an approved work sponsor; or
                  (iii) associated with the person being a former approved work sponsor; or
                 (iiia) associated with a nomination under subsection 140GB(1) of the Act
                         (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3)
                         or 2.73B(5) or (7) or nomination training contribution charge); or
                   (iv) that relate specifically to the recruitment of a non-citizen for the
                         purposes of a nomination under subsection 140GB(1) of the Act; and
              (b) must not take any action, or seek to take any action, that would result in
                  another person paying to the person some or all of the costs, including
                  migration agent costs:
                     (i) associated with the person becoming an approved work sponsor; or
                    (ii) associated with the person being an approved work sponsor; or
                  (iii) associated with the person being a former approved work sponsor; or
                 (iiia) associated with a nomination under subsection 140GB(1) of the Act
                         (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3)
                         or 2.73B(5) or (7) or nomination training contribution charge); or









                     (iv) that relate specifically to the recruitment of a non-citizen for the
                           purposes of a nomination under subsection 140GB(1) of the Act; and
                 (c) if the person has agreed to be the work sponsor of an applicant for,
                     proposed applicant for, or holder of:
                       (i) a Subclass 402 (Training and Research) visa; or
                      (ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
                     (ib) a Subclass 407 (Training) visa; or
                      (ic) a Subclass 408 (Temporary Activity) visa; or
                      (ii) a Subclass 416 (Special Program) visa; or
                     (iii) a Subclass 488 (Superyacht Crew) visa;
                     must not take any action, or seek to take any action, that would result in the
                     transfer to another person of some or all of the costs, including migration
                     agent costs, that relate specifically to the recruitment of that applicant,
                     proposed applicant or holder; and
                 (d) if the person has agreed to be the work sponsor of an applicant for,
                     proposed applicant for, or holder of:
                       (i) a Subclass 402 (Training and Research) visa; or
                      (ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
                     (ib) a Subclass 407 (Training) visa; or
                      (ic) a Subclass 408 (Temporary Activity) visa; or
                      (ii) a Subclass 416 (Special Program) visa; or
                     (iii) a Subclass 488 (Superyacht Crew) visa;
                     must not take any action, or seek to take any that would result in another
                     person paying to the person some or all of the costs, including migration
                     agent costs, that relate specifically to the recruitment of that applicant,
                     proposed applicant or holder.
        (1B) The person:
              (a) must not recover from another person some or all of the costs, including
                  migration agent costs:
                     (i) associated with the person becoming an approved work sponsor; or
                    (ii) associated with the person being an approved work sponsor; or
                  (iii) associated with the person being a former approved work sponsor; or
                 (iiia) associated with a nomination under subsection 140GB(1) of the Act
                         (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3)
                         or 2.73B(5) or (7) or nomination training contribution charge); or
                   (iv) that relate specifically to the recruitment of the primary sponsored
                         person, or a non-citizen, for the purposes of a nomination under
                         subsection 140GB(1) of the Act; and
              (b) must not seek to recover from another person some or all of the costs,
                  including migration agent costs:
                     (i) associated with the person becoming an approved work sponsor; or
                    (ii) associated with the person being an approved work sponsor; or
                  (iii) associated with the person being a former approved work sponsor; or








                    (iiia) associated with a nomination under subsection 140GB(1) of the Act
                            (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3)
                            or 2.73B(5) or (7) or nomination training contribution charge); or
                      (iv) that relate specifically to the recruitment of the primary sponsored
                            person, or a non-citizen, for the purposes of a nomination under
                            subsection 140GB(1) of the Act; and
                 (c) if the person has agreed to be the work sponsor of an applicant for,
                     proposed applicant for, or holder of:
                        (i) a Subclass 402 (Training and Research) visa; or
                      (ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
                      (ib) a Subclass 407 (Training) visa; or
                      (ic) a Subclass 408 (Temporary Activity) visa; or
                       (ii) a Subclass 416 (Special Program) visa; or
                     (iii) a Subclass 488 (Superyacht Crew) visa;
                     must not recover from another person some or all of the costs, including
                     migration agent costs, that relate specifically to the recruitment of that
                     applicant, proposed applicant or holder; and
                 (d) if the person has agreed to be the work sponsor of an applicant for,
                     proposed applicant for, or holder of:
                        (i) a Subclass 402 (Training and Research) visa; or
                      (ia) a Subclass 403 (Temporary Work (International Relations)) visa; or
                      (ib) a Subclass 407 (Training) visa; or
                      (ic) a Subclass 408 (Temporary Activity) visa; or
                       (ii) a Subclass 416 (Special Program) visa; or
                     (iii) a Subclass 488 (Superyacht Crew) visa;
                     must not seek to recover from another person some or all of the costs,
                     including migration agent costs, that relate specifically to the recruitment
                     of that applicant, proposed applicant or holder.
        (2A) In addition to subregulations (1A) and (1B), if:
               (a) the person is or was:
                     (i) a temporary activities sponsor in relation to a primary sponsored
                         person or a secondary sponsored person (the sponsored person); or
                    (ii) a long stay activity sponsor in relation to a primary sponsored person
                         or a secondary sponsored person (the sponsored person); and
               (b) either:
                     (i) the primary sponsored person holds a Subclass 401 (Temporary Work
                         (Long Stay Activity)) visa in the Religious Worker stream or the
                         Domestic Worker stream; or
                    (ii) the last substantive visa held by the primary sponsored person was a
                         Subclass 401 (Temporary Work (Long Stay Activity)) visa in the
                         Religious Worker stream or the Domestic Worker stream; or
                   (iii) the sponsored person holds a Subclass 408 (Temporary Activity) visa
                         granted to the sponsored person on the basis that the primary









                          sponsored person satisfied the criteria in clause 408.223 (religious
                          worker) or 408.224 (domestic worker) of Schedule 2; or
                     (iv) the last substantive visa held by the sponsored person was a Subclass
                          408 (Temporary Activity) visa granted to the sponsored person on the
                          basis that the primary sponsored person satisfied the criteria in
                          clause 408.223 (religious worker) or 408.224 (domestic worker) of
                          Schedule 2;
               the person must not recover or seek to recover from the sponsored person any
               expenditure by the person in relation to financial support of the sponsored person
               in Australia.
          (3) If the person is or was approved as a work sponsor in a class of sponsor under
              subsection 140E(1) of the Act, the obligations mentioned in subregulations (1A),
              (1B) and (2A):
                (a) start to apply on the day on which the person is approved as a work
                     sponsor; and
                (b) end on the day on which each of the following has occurred:
                       (i) the person ceases to be an approved work sponsor;
                      (ii) there is no primary sponsored person or secondary sponsored person
                           in relation to the person.
          (4) If the person is or was a party to a work agreement, the obligations mentioned in
              subregulations (1A), (1B) and (2A):
                (a) start to apply on the day on which the work agreement commences; and
                (b) end on the day on which each of the following has occurred:
                       (i) the person ceases to be a party to a work agreement;
                      (ii) there is no primary sponsored person or secondary sponsored person
                           in relation to the person.
