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Exclusion of Non-Compliant Employers from Working Holiday Maker Extensions

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateJuly 28, 2021
CategoryTemporary migration / labor market standards
Affected groupWorking holiday makers (subclass 417/462)

Policy effect

Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.

Conditions and exceptions

Validated condition or limit: Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2021L01030 registered 27/07/2021 Schedule 1 Amendments 2 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 OPC65169 - C Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: carried out for an excluded employer: see subregulation 1.15FB(1). 2 After regulation 1.15FA Insert: 1.15FB Work carried out for an excluded employer (1) Work was carried out … for an excluded employer if it was done: (a) for, or for the benefit of, a person, partnership or unincorporated association that was, at the time the work was done, specified in an instrument made under subregulation (2); and (b) as an employee or contractor of: (i) the person, partnership or unincorporated association; or (ii) a contractor or subcontractor of the person, partnership or unincorporated association. (2) The Minister may, by legislative instrument, specify a person, partnership or unincorporated association (the employer) if the Minister is satisfied that: (a) the employer may pose … ) of the person, partnership or unincorporated association; (c) any other information that identifies the person, partnership or unincorporated association. Note: This regulation constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). 3 At the end of subclause 417.211(5) of Schedule 2 Add: ; and (d) the work was not carried out for an excluded employer. 4 At the end of subclause 417.211(6) of Schedule 2 Add: ; and (f) that work was not carried out for an excluded employer.Authorised Version F2021L01030 registered 27/07/2021 Amendments Schedule 1 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 3 OPC65169 - C 5 At the end of subclause 462.218(1) of Schedule 2 Add: ; and (d) the work was not carried out for an excluded employer. 6 At the end of subclause 462.219(1) of Schedule 2 Add: ; and (f) that work was not carried out for an excluded employer. 7 In the appropriate position in Schedule 13 Insert: Part 97—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 9701 Application of amendments (1) The amendments made by Schedule 1 to the Migration Amendment (Subclass 417 and 462 … Visas) Regulations 2021 (the amending Schedule) apply in relation to any visa application made after the commencement of the amending Schedule. (2) However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule 2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work.Authorised Version F2021L01030 registered 27/07/2021 …
Australian GovernmentFederal Register of Legislation, Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 (F2021L01030), 28 July 2021.Open official source
Retrieved from https://www.legislation.gov.au/Details/F2021L01030

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp-4041a131c8d4266e9704. Something wrong? Flag this record.

Other Australia changes operative in 2021