(Subclause 186.234(3) and Paragraphs 186.221(b), 186.222(b), 186.231(b), 186.232(b), 187.221(b), 187.222(b), 187.231(b), 187.232(b), 187.234(a) and Sub-subparagraph 5.19(4)(h)(ii)(D))

I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under Subclause 186.234(3) and paragraphs 186.221(b), 186.222(b), 186.231(b), 186.232(b), 187.221(b), 187.222(b), 187.231(b), 187.232(b), 187.234(a) and sub-subparagraph 5.19(4)(h)(ii)(D) of the Migration Regulations 1994 (the Regulations):

1. REVOKE Instruments IMMI 12/059 (F2012L01292), signed on 12 June 2012, IMMI 12/060 (F2012L01283), signed on 12 June 2012, and IMMI 13/059 (F2013L01147), signed on 21 June 2013; and
2. SPECIFY the following class of persons for the purposes of subclause 186.234(3) and paragraphs 186.222(b), 186.232(b), 187.222(b), 187.232(b) and 187.234(a) of the Regulations:

Class 1

Persons who have applied under the Regulations for a visa, and whose earnings will be at least equivalent to the current Australian Tax Office’s top individual income tax rate.

3. SPECIFY the following class of persons for the purposes of paragraph 187.234(a) of the Regulations

Class 2

Persons who hold Subclass 444 – Special Category visa; or Subclass 461 – New Zealand Citizen Family Relationship (Temporary) visa and who have been working in their nominated occupation for their nominating employer for at least two years (excluding any periods of unpaid leave) in the previous three years, immediately before applying for their Subclass 187 – Regional Sponsored Migration Scheme visa.

4. SPECIFY the following class of persons for the purpose of paragraphs 186.222(b) and 187.222(b) of the Regulations:

Class 3

Persons who have completed at least five years of full-time study in a secondary and/or higher education institution where all of the tuition was delivered in English.

5. SPECIFY the following class of persons for the purposes of subclause 186.234(3) of the Regulations:

Class 4

Persons who are employed in certain occupations, as follows:

a) Researchers, scientists and technical specialists at the ANZSCO skill levels one or two, who have applied for a visa under the Regulations to occupy a position as nominated by Australian scientific government agencies; and

b) Academics who have applied for a visa under the Regulations to occupy a position as nominated by an Australian university in Australia. An academic is a person to be employed at an Academic Level of A, B, C, D or E, in the position of a: