1Migration Regulations 1994 - Specification of Minimum Salary Levels And Occupations For The Temporary Business Long Stay Visa - IMMI 07/078

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Commonwealth of Australia

Migration Regulations 1994

MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE TEMPORARY BUSINESS LONG STAY VISA

(REGULATION 1.20B, SUBREGULATION 1.20G(2) AND SUBPARAGRAPH 1.20GA(1)(a)(i))

I, KEVIN ANDREWS, Minister for Immigration and Citizenship, acting under regulations 1.17 and 1.20B, subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Instrument number IMMI 07/007, signed on 7 September 2007, specifying minimum salary levels for the purposes of regulation 1.20B and occupations for the purposes of subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Regulations;

2. SPECIFY each occupation listed in Schedules A and B to this Instrument as an occupation for the purposes of subregulation 1.20G(2) of the Regulations; AND

3. SPECIFY each occupation listed in Schedules C and D to this Instrument as an occupation for the purposes of subparagraph 1.20GA(1)(a)(i) of the Regulations; AND

4. SPECIFY for the purposes of regulation 1.20B that the minimum salary level at a point in time is to be worked out in the following way and paid on a weekly, fortnightly or monthly basis:

(A) where the Subclass 457 Business (Long Stay) visa holder works an average of Umore thanU 38 hours per week in a given period:

minimum salary level = Uapplicable base salary x number of hours worked in the given period U

number of hours in an average year

(B) where the Subclass 457 Business (Long Stay) visa holder works an average of 38 hours per week in a given period or in any other case not covered by (A):

minimum salary level = Uapplicable base salary x number of weeks worked in the given period U

number of weeks in an average year

5. FOR THE PURPOSES of Item 4 of this Instrument:

(a) the number of weeks in an average year (taking into account leap years) is: 52.1775 weeks; and

(b) the number of hours in an average year (taking into account leap years and based on a 38 hour week) is: 1982.745 hours; and

(c) the applicable base salary is:

 (i) AUD 41,850 for occupations listed in Schedule A;

 (ii) AUD 57,300 for occupations listed in Schedule B;

 (iii)AUD 37,665 for regionally certified occupations listed in Schedule C;

 (iv) AUD 51,570 for regionally certified occupations listed in Schedule D;

unless the relevant Subclass 457 Business (Long Stay) visa was granted on the basis that the visa holder fell within the scope of subclause 457.223(6), in which case the applicable base salary is AUD 75,000; and