Part 3Application and savings provisions

Part 1—Preliminary

1 Name

This instrument is the Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024.

3 Authority

This instrument is made under the following provisions of the Migration Regulations 1994: (a) subregulation 5.19(11); (b) subregulation 2.26B(1).

4 Definitions

In this instrument:

ANZSCO is specified to mean, for the purposes of the definition of ANZSCO in regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022.

Core Skills Occupation List: see subsection 7(1).

identified person has the meaning given by paragraph 5.19(2)(c) of the Regulations.

international trade obligation means an obligation of Australia under international law that relates to international trade, including such an obligation that arises under any agreement between Australia and another country or other countries.

limited service restaurant includes the following:

(a) a fast food or takeaway food service;
(b) a fast casual restaurant;
(c) a drinking establishment that offers only a limited food service;
(d) a limited service cafe, including a coffee shop or mall cafe;
(e) a limited service pizza restaurant.

nec is short for not elsewhere classified.

Regulations means the Migration Regulations 1994.

university lecturer includes the following:

(a) a research associate in a university;
(b) a research fellow in a university.

Part 2—Specification of occupations and relevant assessing authorities

6 Specification of occupations and relevant assessing authorities

(1) For the purposes of subregulation 5.19(11) of the Regulations: (a) an occupation listed in column 1 of an item of the Core Skills Occupation List in section 7 is specified for the purposes of subregulation 5.19(10) of the Regulations; and (b) subject to subsection (2), the occupation applies in relation to an identified person if the tasks of the occupation that are to be performed by the identified person correspond to the tasks set out in the ANZSCO code specified for the occupation in column 2 of the item. (2) However, if: (a) a number is listed in column 4 of an item of the Core Skills Occupation List; and (b) the circumstances set out in column 1 of the table in section 8 of this instrument corresponding to the number so listed apply to the position in which the identified person is to work; the occupation listed in column 1 of the item of the Core Skills Occupation List does not apply to the identified person. (3) For the purposes of subregulation 2.26B(1) of the Regulations, a person or body mentioned in column 3 of an item of the Core Skills Occupation List in subsection 7(1) is specified as the relevant assessing authority for: (a) the occupation; and (b) all countries; for the purposes of an application for a skills assessment made by a resident of one of those countries.