Commonwealth legislation

Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024

In ForceCTH

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

9/10 complexity

**What this instrument does (mechanics)

Specifies which occupations count for two streams of the Subclass 482 (Skills in Demand) visa: the Core Skills stream and the Specialist Skills stream. (See section 6 and section 8.)
Implements that specification by listing occupations (by title and 6‑digit ANZSCO code) in a Core Skills Occupation List. Each listed occupation may have a number in a third column that points to an "applicable circumstance" that can stop the occupation applying in a particular job. (See section 6(3) and section 7(2).)
Defines key terms used by the instrument, including which edition of ANZSCO applies (the ABS version in force on 23 November 2022) and short definitions such as "limited service restaurant" and "university lecturer". (See section 4.)
Lists 16 detailed "Applicable Circumstances" (section 7) — concrete factual situations (for example, nominated salary below certain thresholds, retail front‑line roles, positions in very small businesses, roles based in factory mass production or limited service restaurants) that, if they apply to a particular position, mean the occupation in the Core Skills list does not apply to that nominee.
States that if any Applicable Circumstance applies to a Specialist Skills stream nominee’s position, the occupation will not apply to that Specialist Skills nominee. (See section 8.)
Applies to nominations lodged on or after the instrument starts, and preserves the earlier LIN 19/048 rules for nominations made before commencement. (See sections 9–10.)

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Current sections

Direct links to the current provisions in Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024.

Name

1 Name

This instrument is the Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024.

Authority

3 Authority

This instrument is made under subregulation 2.72(9) of the Migration Regulations 1994.

Definitions

4 Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including AUD.

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 on its website, as in force on 23 November 2022.

Applicable Circumstances List: see subsection 7(2).

Core Skills Occupation List: see subsection 6(3).

Core Skills stream nominee means a holder of, or an applicant or proposed applicant for, a Subclass 482 (Skills in Demand) visa in the Core Skills Stream.

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.

Specialist Skills stream nominee means a holder of, or an applicant or proposed applicant for, a Subclass 482 (Skills in Demand) visa in the Specialist Skills Stream.

university lecturer includes the following:

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

Part 2—Specification of occupations

More sections below

Source text: opening excerpt

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Name

This instrument is the Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024.

3 Authority

This instrument is made under subregulation 2.72(9) of the Migration Regulations 1994.

4 Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including AUD.

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 on its website, as in force on 23 November 2022.

Applicable Circumstances List: see subsection 7(2).

Core Skills Occupation List: see subsection 6(3).

Core Skills stream nominee means a holder of, or an applicant or proposed applicant for, a Subclass 482 (Skills in Demand) visa in the Core Skills Stream.

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.

Specialist Skills stream nominee means a holder of, or an applicant or proposed applicant for, a Subclass 482 (Skills in Demand) visa in the Specialist Skills Stream.

university lecturer includes the following:

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

Part 2—Specification of occupations

Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024

Plain English Summary

Deep dive

Current sections

Name

1 Name

Authority

3 Authority

Definitions

4 Definitions

Source text: opening excerpt

1 Name

1 Name

3 Authority

3 Authority

4 Definitions

4 Definitions

6 Core Skills Occupation List

6 Core Skills Occupation List