(REGULATION 1.15I, SUBREGULATION 2.26B(1), SUBPARAGRAPHS 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) AND 1229(7)(b)(ii), AND ITEMS 6A11, 6A12, 6A13)

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under regulation 1.15I of Division 1.2 of Part 1 of the Migration Regulations 1994 (‘the Regulations’), subregulation 2.26B(1) of Division 2.6 of Part 2 of the Regulations, subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii), 1229(7)(b)(ii) of Schedule 1 to the Regulations and Items 6A11, 6A12 and 6A13 of Schedule 6A to the Regulations:

REVOKE Instrument number IMMI 10/026, signed on 17 June 2010; AND
SPECIFY, in relation to a person who:

(a) applied before 1 July 2010 for a Skilled (Migrant) (Class VE) visa, a Skilled (Provisional) (Class VF) visa, a Skilled (Provisional) (Class VC) visa, a Skilled (Residence) (Class VB) visa, a Skilled – New Zealand Citizen (Residence) (Class DB) visa, a Skilled – Independent Overseas Student (Residence) (Class DD) visa, a Skilled – Australian-sponsored Overseas Student (Residence) (Class DE) visa, a Graduate – Skilled (Temporary) (Class UQ) visa, a Skilled – Independent Regional (Provisional) (Class UX) visa, or a Skilled – Designated Area-sponsored (Provisional) (Class UZ) visa, and the application had not been finally determined (within the meaning of subsection 5(9) the Migration Act 1958) before 1 July 2010;

the following:

(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 1 to this Instrument to be a skilled occupation that is applicable to the person; and

(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 1 to this Instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and

(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 1 to this Instrument as the relevant assessing authority for that skilled occupation; and

(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 1 to this Instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one of those countries; AND

SPECIFY, in relation to a person who:

(a) held a Subclass 485 (Skilled – Graduate) visa on 8 February 2010 and on or after 1 July 2010 but before 1 January 2013 is an applicant for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa; or

(b) had applied for a Subclass 485 (Skilled – Graduate) visa before 8 February 2010 and that application had not been finally determined, within the meaning of subsection 5(9) of the Migration Act 1958, on 8 February 2010, and on or after 1 July 2010 but before 1 January 2013 applies for the grant of a Subclass 885 (Skilled – Independent) visa, a Subclass 886 (Skilled – Sponsored) visa, or a Subclass 487 (Skilled – Regional Sponsored) visa; or

(c) on 8 February 2010 held a Subclass 572 (Vocational Education and Training Sector) visa, a Subclass 573 (Higher Education Sector) visa, or a Subclass 574 (Postgraduate Research Sector) visa and on or after 1 July 2010 but before 1 January 2013 applies for the grant of a Subclass 485 (Skilled – Graduate) visa;

the following:

(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 2 to this Instrument to be a skilled occupation that is applicable to the person; and

(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 2 to this Instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and

(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 2 to this Instrument as the relevant assessing authority for that skilled occupation; and

(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 2 to this Instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one those countries; AND

SPECIFY, in relation to a person who:

(a) applies on or after 1 July 2010 for a Skilled (Migrant) (Class VE) visa, a Skilled (Provisional) (Class VF) visa, a Skilled (Provisional) (Class VC) visa or a Skilled (Residence) (Class VB) visa;

the following:

(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 3 to this Instrument to be a skilled occupation that is applicable to the person; and

(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 3 to this Instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and

(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 3 to this Instrument as the relevant assessing authority for that skilled occupation; and

(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 3 to this Instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one those countries; AND

SPECIFY, in relation to a person who:

(a) applies on or after 1 July 2010 for the grant of a Subclass 176 (Skilled – Sponsored) visa, a Subclass 475 (Skilled – Regional Sponsored) visa, a Subclass 487 (Skilled – Regional Sponsored) visa, or a Subclass 886 (Skilled – Sponsored) visa, and is nominated by a State or Territory government agency:

the following:

(i) for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation listed in Schedule 4 to this Instrument to be a skilled occupation that is applicable to the person; and

(ii) for the purposes of paragraph 1.15I(1)(b) of the Regulations, the number of points listed in Schedule 4 to this Instrument corresponding to each specified skilled occupation as the number of points available in respect of that skilled occupation; and

(iii) for the purposes of paragraph 2.26B(1)(a) of the Regulations, the person or body corresponding to each skilled occupation listed in Schedule 4 to this Instrument as the relevant assessing authority for that skilled occupation; and

(iv) for the purposes of paragraph 2.26B(1)(b) of the Regulations, the country or countries corresponding to each skilled occupation and relevant assessing authority listed in Schedule 4 to this Instrument as the country or countries for which the specified person or body is the relevant assessing authority for the purposes of an application for a skills assessment in that skilled occupation made by a resident of one those countries; AND

SPECIFY, for the purposes of subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of Schedule 1 to the Regulations, each skilled occupation specified in Schedule 2, 3 or 4 to this Instrument that is applicable to the person and for which at least 50 points are available; AND
SPECIFY, for the purposes of item 6A11 of Part 1 of Schedule 6A to the Regulations, each skilled occupation that is specified in Schedule 1 to this Instrument that is applicable to the person and for which 60 points are available; AND
SPECIFY, for the purposes of item 6A12 of Part 1 of Schedule 6A to the Regulations, each skilled occupation that is specified in Schedule 1 to this Instrument that is applicable to the person and for which 50 points are available; AND
SPECIFY, for the purposes of item 6A13 of Part 1 of Schedule 6A to the Regulations, each skilled occupation that is specified in Schedule 1 to this Instrument that is applicable to the person and for which 40 points are available.

This Instrument number, IMMI 10/079, commences on 5 December 2010.

Dated 2 December 2010

CHRIS BOWEN

Minister for Immigration and Citizenship

[NOTE 1: Subregulation 1.15I(1) of the Regulations provides that skilled occupation, in relation to a person, means an occupation of a kind is specified by the Minister in an instrument in writing to be a skilled occupation, for which a number of points specified in the instrument are available, and is applicable to the person in accordance with the specification.

NOTE 2: Subregulation 1.15I(2) of the Regulations provides that, without limiting subregulation 1.15I(1) the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including that an occupation is a skilled occupation for a class of persons, and that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency.

NOTE 3: Subregulation 2.26B(1) provides that the Minister may, by an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation (if the person or body is approved in writing by the Education Minister or the Employment Minister as the relevant assessing authority for the occupation) and one or more countries, for the purposes of an application for a skills assessment made by a resident of one of those countries.

NOTE 4: Education Minister and Employment Minister are defined in regulation 1.03 of the Regulations.

NOTE 5: Subparagraph 1136(4)(b)(ii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 6: Subparagraph 1136(5)(b)(ii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 7: Subparagraph 1136(6)(b)(iii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 8: Subparagraph 1229(4)(b)(ii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 9: Subparagraph 1229(5)(b)(ii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 10: Subparagraph 1229(6)(b)(iii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 11: Subparagraph 1229(7)(b)(ii) provides that the applicant must nominate a skilled occupation for the applicant, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 12: Item 6A11 provides that the applicant must nominate a skilled occupation, specified by an instrument in writing, in the application for which at least 60 points are available.

NOTE 13: Item 6A12 provides that the applicant must nominate a skilled occupation, specified by an instrument in writing, in the application for which at least 50 points are available.

NOTE 14: Item 6A13 provides that the applicant must nominate a skilled occupation, specified by an instrument in writing, in the application for which at least 40 points are available.]

(REGULATION 1.15I, SUBREGULATION 2.26B(1(REGULATION 1.15I, SUBREGULATION 2.26B(1), SUBPARAGRAPHS 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) AND 1229(7)(b)(ii), AND ITEMS 6A11, 6A12, 6A13)

Get a plain-English read of (REGULATION 1.15I, SUBREGULATION 2.26B(1

(REGULATION 1.15I, SUBREGULATION 2.26B(1), SUBPARAGRAPHS 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) AND 1229(7)(b)(ii), AND ITEMS 6A11, 6A12, 6A13)