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Migration Regulations 1994 - Specification of Occupations, a Person or Body, a Country or Countries - IMMI 16/059
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Turn the raw legal text into a practical explanation grounded in Migration Regulations 1994 - Specification of Occupations, a Person or Body, a Country or Countries - IMMI 16/059.
This is a compilation of the Specification of Occupations, a Person or Body, a Country or Countries 2016/059 that shows the test of the law as amended and in force on 19 April 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending law and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
I, PETER DUTTON, Minister for Immigration and Border Protection, acting under
regulation 1.03, subregulation 1.15I(1) and 2.26B(1), paragraphs 2.72(10)(aa) and 2.72B(3)(b), sub-subparagraph 5.19(4)(h)(i)(A), Item 4(a) of the table in subitem 1137(4), Item 4(a) of the table in subitem 1138(4) and Item 4(a) of the table in subitem 1230(4), paragraph 1229(3)(k) and paragraph 186.234(2)(a) of the Migration Regulations 1994 (the Regulations):
REVOKE Instrument IMMI 15/092 (F2015L01059), signed on 25 June 2015 and REVOKE Instrument IMMI 15/108 (F2015L01147), signed on 6 July 2015; and
SPECIFY for the purposes of paragraph 2.72(10)(aa) of the Regulations, the occupations and their corresponding 6-digit code listed in Columns A and B of Schedule 1 and Columns A and B of Schedule 2 to this Instrument; and
SPECIFY, in relation to a person who is issued an invitation on or after 1 July 2016 to make an application for a:
a) Subclass 189 Skilled – Independent visa; or
b) Subclass 489 Skilled – Regional (Provisional) visa, if the applicant is not nominated by a State or Territory government agency;
and if applicable, in relation to a spouse or de facto partner of that person:
i) each occupation listed in Column A of Schedule 1 to this Instrument is to be a skilled occupation that is applicable to the person, for the purposes of paragraph 1.15I(1)(a) of the Regulations; and
ii) the person or body listed in Column D of Schedule 1 to this Instrument is the relevant assessing authority for the corresponding skilled occupation listed in Column A of Schedule 1 to this instrument, for the purposes of paragraph 2.26B(1)(a) of the Regulations; and
iii) the country or countries corresponding to each skilled occupation listed in Column A of Schedule 1 and relevant assessing authority listed in Column D of 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 included in Column C of Schedule 1 to this Instrument, for the purposes of paragraph 2.26B(1)(b) of the Regulations; and
iv) each skilled occupation in Column A of Schedule 1 to this instrument that is applicable to the person, for the purposes of Item 4(a) of the table in subitem 1137(4) and Item 4(a) of the table in subitem 1230(4) of Schedule 1 to the Regulations; and
SPECIFY, in relation to a person who applies on or after 1 July 2016 for a Subclass 485 Temporary Graduate visa:
a) each occupation listed in Column A of Schedule 1 to this Instrument is to be a skilled occupation that is applicable to the person, for the purposes of paragraph 1.15I(1)(a) of the Regulations; and
b) the person or body listed in Column D of Schedule 1 to this Instrument is the relevant assessing authority for the corresponding skilled occupation listed in Column A of Schedule 1 to this Instrument; for the purposes of paragraph 2.26B(1)(a) of the Regulations; and
c) the country or countries corresponding to each skilled occupation listed in Column A of Schedule 1 and relevant assessing authority listed in Column D of 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 included in Column C of Schedule 1 to this Instrument, for the purposes of paragraph 2.26B(1)(b) of the Regulations; and
d) each skilled occupation in Column A of Schedule 1 to this Instrument that is applicable to the person, for the purposes of paragraph 1229(3)(k) of Schedule 1 to the Regulations; and
SPECIFY, in relation to a person who is nominated by a State or Territory government agency, or the spouse or de facto partner of a person who is nominated by a State or Territory government agency, and who is issued an invitation, on or after 1 July 2016 to make an application for a:
a) Subclass 190 Skilled – Nominated visa; or
b) Subclass 489 Skilled – Regional (Provisional) visa;
and, if applicable, in relation to the spouse or de facto partner of that person:
i) each occupation listed in Column A of Schedule 1 and Column A of Schedule 2 to this Instrument is to be a skilled occupation that is applicable to the person, for the purposes of paragraph 1.15I(1)(a) of the Regulations; and
ii) the person or body listed in Column D of Schedule 1 and Column D of Schedule 2 to this Instrument is the relevant assessing authority for the corresponding skilled occupation listed in Column A of Schedule 1 and Column A of Schedule 2 to this Instrument, for the purposes of paragraph 2.26B(1)(a) of the Regulations; and
iii) the country or countries corresponding to each skilled occupation listed in Column A of Schedule 1 and Column A of Schedule 2 to this Instrument and relevant assessing authority listed in Column D of Schedule 1 and Column D of 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 of those countries included in Column C of Schedule 1 and Column C of Schedule 2 to this Instrument, for the purposes of paragraph 2.26B(1)(b) of the Regulations; and
iv) each skilled occupation in Column A of Schedule 1 and Column A of Schedule 2 to this Instrument that is applicable to the person, for the purposes of Item 4(a) of the table in subitem 1138(4) and Item 4(a) of the table in subitem 1230(4) of Schedule 1 to the Regulations; and
SPECIFY for the purposes of sub-subparagraph 5.19(4)(h)(i)(A) of the Regulations, each occupation listed in Column A of Schedule 1 and Column A of Schedule 2 to this Instrument, in relation to an application for approval of a nomination made on or after
1 July 2016 for a Subclass 186 Employer Nomination Scheme visa; and
SPECIFY for the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, each person or body listed in Column D of Schedule 1 and Column D of Schedule 2 to this Instrument as the assessing authority for the corresponding occupation listed in Column A of Schedule 1 and Column A of Schedule 2 to this Instrument, in relation to a person who applies on or after 1 July 2016 for a Subclass 186 Employer Nomination Scheme visa; and
SPECIFY for the purposes of paragraph 2.72B(3)(b) of the Regulations, the occupations and their corresponding 6-digit code listed in Columns A and B of Schedule 1 and Columns A and B of Schedule 2 to this Instrument, in relation to the nominated occupational training in relation to an application made on or after 19 November 2016 for a Subclass 407 (Training) visa;
SPECIFY for the purposes of regulation 1.03 of the Regulations, that the meaning of ANZSCO is the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics and current as at 1 July 2016.
All specifications in the attached Schedule 1 and Schedule 2 to this Instrument are to be interpreted according to the qualifications in the Notes attached to this Instrument.