Part 2Exempt occupations

Part 1—Preliminary

1 Name

(1) This instrument is the Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019. (2) This instrument may be cited as LIN 19/212.

3 Authority

This instrument is made under subregulations 2.72(13) and 2.72C(14) of the Regulations.

4 Definitions

In this instrument:

ANZSCO means:

(a) for paragraphs 6(1)(a), (b), (c) and (f) and a corresponding reference in subsection 6(3)—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;
(b) for paragraphs 6(1)(d), (g) and (h) and a corresponding reference in subsection 6(3):
(i) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013, for an application for a Subclass 482 (Skills in Demand) visa associated with a nomination lodged before 7 December 2024;
(ii) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022, for all other applications;
(c) for paragraph 6(1)(e) and a corresponding reference in subsection 6(3):
(i) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013, for a nomination relating to the Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;
(ii) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022, for a nomination relating to the Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream;
(d) for paragraph 6(1)(i) and a corresponding reference in subsection 6(3)—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013;
(e) for subsection 6(2) and a corresponding reference in subsection 6(3)—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.

nec is short for ‘not elsewhere classified’.

Regulations means the Migration Regulations 1994.

Part 2—Exempt occupations

6 Specified occupations

(1) For the purposes of subregulation 2.72(13) of the Regulations, an occupation listed in column 1 of an item of the table in subsection (3) (for which an ANZSCO code is listed in column 2 of the item) is specified for the purposes of the following provisions of the Regulations: (a) paragraphs 2.72(11)(c) and 2.72(12)(c); (b) subregulation 2.73(13); (c) paragraphs 2.73(14)(c) and 2.73(14A)(c); (d) paragraph 2.86(2A)(b) and subregulation 2.86(2AA); (e) subregulation 5.19(7); (f) subclause 186.227(2) of Schedule 2 to the Regulations; (g) clauses 482.223 and 482.233 of Schedule 2 to the Regulations; (h) paragraph 8607(3)(a) of Schedule 8 to the Regulations; (i) paragraph 5.19(5A)(f). (2) For the purposes of subregulation 2.72C(14) of the Regulations, an occupation listed in column 1 of an item of the table in subsection (3) (for which an ANZSCO code is listed in column 2 of the item) is specified for the purposes of the following provisions of the Regulations: (a) paragraph 2.72C(13)(b); (b) subregulation 2.73B(11); (c) paragraphs 2.73B(12)(c), 2.86(2B)(b) and 2.86(2BA)(b); (d) clause 494.222 of Schedule 2; (e) paragraph 8608(3)(a) of Schedule 8.