1Migration Regulations 1994 - Specification of Minimum Salary Levels and Occupations for the Temporary Business Long Stay Visa - IMMI 07/007

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Commonwealth of Australia

Migration Regulations 1994

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

(REGULATIONS 1.20B, 1.20G(2) AND 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 06/036, signed on 15 June 2006, 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 is to be worked out in the following way and paid on a weekly, fortnightly or monthly basis:

(i) where the Subclass 457 Business (Long Stay) visa holder works 38 hours or less per week in a given period:

minimum salary level = applicable base salary x 6 x number of weeks in the given period

313

(ii) where the Subclass 457 Business (Long Stay) visa holder works more than 38 hours per week in a given period:

minimum salary level = applicable base salary x 6 x number of hours worked in the given period

(313 x 38)

Where:

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

the amount of salary paid to a person in a given period:

(i) includes the person’s base salary before tax separate from any allowances, bonuses, packaged items and the like only; and

(ii) excludes any deductions from that amount except: