'Paying for visa sponsorship' conduct relates to the asking for, receiving, offering to provide, or providing a benefit in return for a sponsorship-related event.
A 'sponsorship-related event' covers a broad range of sponsor and employer-related events including, but not limited to:
- a person entering into a sponsorship arrangement, including a labour agreement or work agreement, or making a nomination in relation to a visa affected by this new law
- the employment or engagement of a person in work or an activity with the sponsor
- the termination or withdrawal of the sponsorship and/or the nomination that is associated with the employment of the sponsored visa holder or visa applicant in an approved position or activity, including threats to withdraw.
A 'benefit' is defined to include a payment, the deduction of an amount, real or personal property, an advantage, a service or a gift.
In the 'paying for visa sponsorship' context, this would cover salary deductions, inflated payments for goods or services and work undertaken by family members for free or at below-award rates.
Where a 'benefit' is asked for, received, offered or provided in association with a 'sponsorship-related event', this is considered to be participation in 'paying for visa sponsorship' activity and contravenes the new laws that prevent 'paying for visa sponsorship' conduct.