Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 dated 23 July 2021 [“the Regulations”] amend the Migration Regulation 1994 to update the eligibility criteria for a subsequent Working Holiday Maker Subclass 417 visa and Subclass 462 visa by excluding employment under certain employers as constituting ‘specified work’ to facilitate the safety and welfare of persons undertaking work in Australia.
The Regulations provide that to qualify for the grant of second or third Working Holiday visa working for the benefit of specified businesses, including a person, partnership or unincorporated association, as an employee or contractor, will not be counted as specified work for the related visa. This exclusion would apply only if a business is listed in the legislative instrument signed by the Minister on the considerations that the employer may pose a risk to the safety or welfare of a person performing work in the employment or performance of work in the employment may pose a risk to the safety or welfare of a person, for example, any relevant convictions. This is to ensure that the migrant workers are not exploited for work in Australia.
The Regulations are registered on the Federal Register of Legislation on 27 July 2021, commenced on 28 July 2021 and are currently in force.
To access the Regulations, click here.