Migration Amendment Regulations 2006 (No. 3) (Cth)

Migration Amendment Regulations 2006 (No. 3)¹

Select Legislative Instrument 2006 No. 133

I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 14 June 2006

MARIE BASHIR

Administrator

By Her Excellency’s Command

AMANDA VANSTONE

Minister for Immigration and Multicultural Affairs

Name of Regulations

These Regulations are the Migration Amendment Regulations 2006 (No. 3).

Commencement

These Regulations commence on 1 July 2006.

Amendment of Migration Regulations 1994

Schedule 1 amends the Migration Regulations 1994.

Transitional

(1)The amendment made by item [1] of Schedule 1 applies in relation to the nomination of an activity made on or after 1 July 2006.

(2)The amendments made by items [2] and [3] of Schedule 1 apply in relation to an application for a visa:

(a)made but not finally determined (within the meaning of subsection 5 (9) of the Migration Act 1958) before 1 July 2006; or

(b)made on or after 1 July 2006.

Schedule 1 Amendments

(regulation 3)

[1] Paragraph 1.20GA (1) (c)

substitute

(c)that level will be:

(i)not less than the level of remuneration provided for under relevant Australian legislation and awards; and

(ii)at least the minimum salary level that applied at the time the nomination was made; and

[2] Schedule 2, subparagraph 457.223 (4) (f) (ii)

omit

that applied at the time the nomination was made; and

insert

that applies at the time the decision on the visa application is made; and

[3] Schedule 2, subparagraph 457.223 (4) (g) (iii)

substitute

(iii)the level will be at least the minimum salary level that applies when the decision on the visa application is made; and

(iv)the applicant’s working conditions will be no less favourable than working conditions provided for under relevant Australian legislation and awards; and

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See