Some 408 Temporary Activity
Some Subclass 408 Temporary Activity visas carry 8104, depending on the activity stream.
Condition 8104 · 40 Hours Per Fortnight Cap
Your grant notice caps work at 40 hours per fortnight.
You are juggling two part-time roles. One employer says they will keep you under, the other does not know the rule. Getting this wrong ends your visa. Condition 8104 is strictly enforced.
Quick answer
40 hours maximum in any 14-day window.
Condition 8104 appears on some training, exchange, and specialised visas. Hours are counted across all employers combined. Breach triggers cancellation under Section 116.
Visas that carry 8104
Some 408, 407, and scholarship visas.
Standard student visas carry 8105 (48 hours), not 8104 (40 hours). Always check your grant notice.
Some 407 Training
Subclass 407 Training visas for structured workplace training programs.
Certain scholarship-linked visas
Scholarship-linked visas where funding carries work restrictions tied to the scholarship terms.
How the fortnight is counted
Any 14 consecutive days, not fixed pay periods.
The rolling window is strict. A calendar fortnight could be compliant while the rolling window is not.
Rolling window, not pay periodIf you work Monday to Sunday one week at 20 hours then the next week at 25 hours, you have worked 45 hours in that 14-day window and breached 8104.
Hours aggregated across employersTwo part-time roles at 25 and 20 hours per fortnight total 45 hours — a breach.
Self-employment, contractor, rideshareFreelance engagements invoiced to an ABN. Rideshare and delivery platforms. All count under 8104.
Tracking is your responsibilityPayroll timing does not change 8104 compliance. Keep a weekly log of actual hours worked across all sources.
Hours paid without work do not count.
Hours paid without work — paid leave, public holiday pay — do not count toward 8104. Only hours actually worked. But if you work an additional shift on a public holiday, that work counts even if it attracts penalty rates.
Frequently asked
Condition 8104 questions.
If condition 8104 affects your visa, book a consultation with Sourabh Aggarwal.
Does overtime count?
Yes, all hours worked count including paid overtime.
Can I store up unused hours for a big week later?
No. 40 hours is the absolute cap in any rolling 14-day window.
What about public holidays?
Hours paid without work (paid leave, public holiday pay) do not count. Only hours actually worked.
Is 8104 the same as the student visa 48-hour rule?
No. Condition 8105 is the student visa cap at 48 hours, and relaxes during official breaks. 8104 is 40 hours and is continuous for the life of the visa.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.