Section 141 — Obligations of holders of certain visas
Text of provision
This Division is enacted so that, if the administration of criminal justice requires the presence in Australia of a non-citizen, that non-citizen may be brought to, or allowed to stay in, Australia for the purposes of that administration.
Plain English
Section 141 provides that regulations may impose obligations on the holders of employer-sponsored visas. These obligations typically include requirements to notify the Department if the sponsoring employment ceases, to work in the nominated occupation, and to cooperate with monitoring or inspection activities.
Practical effect
TSS visa holders who cease employment with their sponsor are in breach of their visa conditions and must either find a new sponsor and apply for a new visa (or a s 40 variation), or depart Australia. The critical practical issue is that there is a short window — visa holders should seek advice immediately on employment cessation. The Department has historically applied a flexible approach in genuine cases where the worker is seeking new sponsorship, but there is no formal "grace period" in the legislation.