Migration Amendment Regulations 2010 (No. 6) (Cth)

Migration Amendment Regulations 2010 (No. 6)¹

Select Legislative Instrument 2010 No. 133

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Migration Act 1958.

Dated 15 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS

Minister for Immigration and Citizenship

Name of Regulations

These Regulations are the Migration Amendment Regulations 2010 (No. 6).

Commencement

These Regulations commence on 1 July 2010.

Amendment of Migration Regulations 1994

(1)Schedule 1 amends the Migration Regulations 1994.

(2)The amendments made by items [4], [8], [9], [30] to [47], [49], [54], [57], [60], [61], [63], [65] to [67], [69], [71], [73] and [74] of Schedule 1 apply in relation to an application for a visa made on or after 1 July 2010.

(3)The amendments made by items [12] to [27] of Schedule 1 apply in relation to a nomination that is:

(a)made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 2010; or

(b)made on or after 1 July 2010.

(4)The amendments made by items [5] to [7], [10], [56] and [75] of Schedule 1 apply in relation to a visa application that is:

(a)made, but not finally determined (within the meaning of subsection 5 (9) of the Act), before 1 July 2010; or

(b)made on or after 1 July 2010.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1.03, after definition of airline positioning crew member

insert

ANZSCO means the Australian and New Zealand Standard Classification of Occupations:

(a)published by the Australian Bureau of Statistics; and

(b)as current on 1 July 2010.

Note At the time this definition commenced, the standard was available at

[2] Regulation 1.03, after definition of Arts Minister

insert

ASCO means the Australian Standard Classification of Occupations, Second Edition, published by the Australian Bureau of Statistics on 31 July 1997.

Note At the time this definition commenced, the standard was available at

[3] Regulation 1.03, definition of Australian Standard Classification of Occupations, including the note

omit

[4] Regulation 1.03, after definition of designated APEC economy

insert

designated area means an area specified by the Minister in an instrument in writing for item 6701 of Schedule 6 as a designated area.

Note An area may be specified to be a designated area for a provision of these Regulations in addition to item 6701 of Schedule 6.

[5] Regulation 1.03, definition of migration occupation in demand

substitute

migration occupation in demand has the meaning given by regulation 1.15H.

[6] Regulation 1.03, definition of skilled occupation

substitute

skilled occupation has the meaning given by regulation 1.15I.

[7] After regulation 1.15G

insert

1.15HMigration occupation in demand

(1)A migration occupation in demand, in relation to a person, means a skilled occupation of a kind that:

(a)is specified by the Minister in an instrument in writing to be a migration occupation in demand; and

(b)is applicable to the person in accordance with the specification.

(2)The Minister may specify in the instrument that a skilled occupation is a migration occupation in demand for a class of persons.

1.15ISkilled occupation

(1)A skilled occupation, in relation to a person, means an occupation of a kind that:

(a)is specified by the Minister in an instrument in writing to be a skilled occupation; and

(b)for which a number of points specified in the instrument are available; and

(c)is applicable to the person in accordance with the specification.

(2)Without limiting subregulation (1), the Minister may specify in the instrument any matter in relation to an occupation, or to a class of persons to which the instrument relates, including:

(a)that an occupation is a skilled occupation for a class of persons;

(b)that an occupation is a skilled occupation for a person who is nominated by a State or Territory government agency.

[8] Subregulation 1.20 (3)

after

A person

insert

(not mentioned in subregulation (3A))

[9] After subregulation 1.20 (3)

insert

(3A)A person who is a sponsor of an applicant for:

(a)a Skilled (Migrant) (Class VE) visa; or

(b)a Skilled (Residence) (Class VB) visa; or

(c)a Skilled (Provisional) (Class VF) visa; or

(d)a Skilled (Provisional) (Class VC) visa;

must complete the relevant approved form and give it to the Minister prior to the Minister approving the person as a sponsor.

[10] Subregulation 2.26A (6), definition of trade qualification, paragraph (b)

substitute

(b)a qualification, under the Australian Qualifications Framework, of at least the Certificate III level for a skilled occupation in Major Group IV in the ASCO; or

(c)a qualification, under the Australian Qualifications Framework, of at least the Certificate III level for a skilled occupation in Major Group 3 in the ANZSCO.

[11] Subregulation 2.57 (1), definition of ASCO

omit

[12] Subregulation 2.72 (8)

omit

The

insert

If the nomination was made before 1 July 2010 — the

[13] After subregulation 2.72 (8)

insert

(8A)If the nomination is made on or after 1 July 2010 — the Minister is satisfied that the person has provided the following information as part of the nomination:

(a)if there is a 6-digit ANZSCO code for the nominated occupation — the name of the occupation and the corresponding 6-digit ANZSCO code;

(b)if:

(i)there is no 6-digit ANZSCO code for the nominated occupation; and

(ii)the person is a standard business sponsor;

the name of the occupation and the corresponding 6-digit code as they are specified in the instrument in writing made for paragraph (10) (aa);

(c)if:

(i)there is no 6-digit ANZSCO code for the nominated occupation; and

(ii)the person is a party to a work agreement;

the name of the occupation and the corresponding 6-digit code (if any) as they are specified in the work agreement;

(d)the location or locations at which the nominated occupation is to be carried out.

[14] Paragraph 2.72 (10) (a)

omit

the nominated

insert

if the nomination was made before 1 July 2010 — the nominated

[15] After paragraph 2.72 (10) (a)

insert

(aa)if the nomination is made on or after 1 July 2010 — the nominated occupation and its corresponding 6-digit code correspond to an occupation and its corresponding 6-digit code specified by the Minister in an instrument in writing for this paragraph; and

[16] Paragraph 2.72 (10) (b)

omit

paragraph (a)

insert

paragraph (a) or (aa)

[17] Paragraph 2.72 (10) (d)

omit

the person has certified

insert

if the nomination was made before 1 July 2010 — the person has certified

[18] Subparagraph 2.72 (10) (d) (i)

omit

the duties of the position include a significant majority of the duties

insert

the tasks of the position include a significant majority of the tasks

[19] Sub-subparagraph 2.72 (10) (d) (iv) (B)

omit

paragraph (a).

insert

paragraph (a); and

[20] After paragraph 2.72 (10) (d)

insert

(e)if the nomination is made on or after 1 July 2010 — the person has certified as part of the nomination, in writing, that:

(i)the tasks of the position include a significant majority of the tasks of:

(A)the nominated occupation listed in the ANZSCO; or

(B)the nominated occupation specified in an instrument in writing for paragraph (aa); and

(ii)if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia:

(A)the nominated occupation is a position in the business of the standard business sponsor; or

(B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this sub-subparagraph; and

(iii)if the person lawfully operates a business in Australia:

(A)the nominated occupation is a position with a business, or an associated entity, of the person; or

(B)the nominated occupation is an occupation specified by the Minister in an instrument in writing for this sub-subparagraph; and

(iv)the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified:

(A)for the occupation in the ANZSCO; or

(B)if there is no ANZSCO code for the nominated occupation — for the occupation in the instrument in writing made for paragraph (aa).

[21] Paragraph 2.72 (11) (b)

substitute

(b)if the nomination was made before 1 July 2010 — the person has certified as part of the nomination, in writing, that:

(i)the tasks of the position include a significant majority of the tasks of:

(A)if the nomination is made using an ASCO code — the nominated occupation listed in the ASCO; or

(B)if the nomination is not made using an ASCO code — the nominated occupation specified in the work agreement; and

(ii)the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the work agreement; and

(c)if the nomination is made on or after 1 July 2010 — the person has certified as part of the nomination, in writing, that:

(i)the tasks of the position include a significant majority of the tasks of:

(A)if the nomination is made using an ANZSCO code — the nominated occupation listed in the ANZSCO; or

(B)if the nomination is not made using an ANZSCO code — the nominated occupation specified in the work agreement; and

(ii)the qualifications and experience of the visa holder, or the applicant or proposed applicant for the visa, identified in relation to the nominated occupation are commensurate with the qualifications and experience specified for the occupation in the work agreement.

[22] Paragraph 2.72I (5) (b)

omit

the nominated

insert

if the nomination was made before 1 July 2010 — the nominated

[23] After paragraph 2.72I (5) (b)

insert

(ba)if the nomination is made on or after 1 July 2010 — the nominated occupational training is in relation to an occupation specified, with its corresponding 6-digit code, by the Minister in an instrument in writing for this paragraph; and

[24] Subregulation 2.73 (4)

omit

The person

insert

If the nomination was made before 1 July 2010 — the person

[25] After subregulation 2.73 (4)

insert

(4A)If the nomination is made on or after 1 July 2010 — the person must provide, as part of the nomination:

(a)the information mentioned in subregulations 2.72 (5) and (8A); and

(b)if the person is a standard business sponsor — the certification mentioned in paragraph 2.72 (10) (e); and

(c)if the person is a party to a work agreement (other than a Minister) — the certification mentioned in paragraph 2.72 (11) (c).

[26] Subparagraph 2.73 (6) (a) (i)

substitute

(i)the tasks of the nominated occupation no longer correspond to the tasks of:

(A)if the nomination was made before 1 July 2010 — an occupation specified in the instrument in writing made for paragraph 2.72 (10) (a); or

(B)if the nomination is made on or after 1 July 2010 — an occupation specified in the instrument in writing made for paragraph 2.72 (10) (aa);

[27] Subparagraph 2.73 (6) (b) (ii)

substitute

(ii)after the Minister has approved the nomination, but before a visa is granted in relation to the approval, the tasks of the nominated occupation no longer correspond to the tasks of:

(A)if the nomination was made before 1 July 2010 — an occupation specified in the instrument in writing made for paragraph 2.72 (10) (a); or

(B)if the nomination is made on or after 1 July 2010 — an occupation specified in the instrument in writing made for paragraph 2.72 (10) (aa); or

[28] Sub-subparagraph 2.73 (6) (c) (ii) (B)

omit

the year.

insert

the year; or

[29] After paragraph 2.73 (6) (c)

insert

(d)both of the following apply:

(i)on or after 1 July 2010, the person nominates an occupation using an ASCO code;

(ii)the person withdraws the nomination for that reason before a decision is made under section 140GB of the Act.

[30] Schedule 1, paragraph 1135 (3) (c)

substitute

(c)Applicant seeking to satisfy the primary criteria must nominate a skilled occupation for the applicant in the application.

(ca)Applicant seeking to satisfy the primary criteria for the grant of a Subclass 176 (Skilled — Sponsored) visa must meet the requirements in subitem (3A) or (3B).

[31] Schedule 1, paragraph 1135 (3) (e)

omit

[32] Schedule 1, after subitem 1135 (3)

insert

(3A)The applicant is nominated by a State or Territory government agency.

(3B)All of the following requirements are met:

(a)the applicant is sponsored by a person who:

(i)has turned 18; and

(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

(b)the applicant has declared on the application that the sponsor:

(i)is usually resident in Australia; and

(ii)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also seeking to satisfy the criteria for a Subclass 176 (Skilled — Sponsored) visa), as:

(A)a parent; or

(B)a child or step-child; or

(C)a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

(D)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

(E)a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece;

(c)each person who:

(i)is an applicant; and

(ii)claims to be a member of the family unit of the applicant;

is sponsored by the same person;

(d)the sponsorship was entered into on Form 1277 (Internet) or 1277.

[33] Schedule 1, after paragraph 1136 (3) (c)

insert

(ca)Applicant seeking to satisfy the primary criteria for the grant of a Subclass 886 (Skilled — Sponsored) visa must meet the requirements in subitem (3A) or (3B).

[34] Schedule 1, after subitem 1136 (3)

insert

(3A)The applicant is nominated by a State or Territory government agency.

(3B)All of the following requirements are met:

(a)the applicant is sponsored by a person who:

(i)has turned 18; and

(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

(b)the applicant has declared on the application that the sponsor:

(i)is usually resident in Australia; and

(ii)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also seeking to satisfy the criteria for a Subclass 886 (Skilled — Sponsored) visa), as:

(A)a parent; or

(B)a child or step-child; or

(C)a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

(D)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

(E)a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece;

(c)each person who:

(i)is an applicant; and

(ii)claims to be a member of the family unit of the applicant;

is sponsored by the same person;

(d)the sponsorship was entered into on Form 1277 (Internet) or 1277.

[35] Schedule 1, subparagraph 1136 (4) (b) (ii)

after

occupation

insert

for the applicant

[36] Schedule 1, subparagraph 1136 (5) (b) (ii)

after

occupation

insert

for the applicant

[37] Schedule 1, subparagraph 1136 (6) (b) (iii)

after

occupation

insert

for the applicant

[38] Schedule 1, subparagraph 1228 (3) (b) (ii)

substitute

(ii)must nominate a skilled occupation for the applicant in the application; and

(iii)must meet the requirements of subitem (3A) or (3B).

[39] Schedule 1, paragraph 1228 (3) (e)

omit

[40] Schedule 1, after subitem 1228 (3)

insert

(3A)The applicant is nominated by a State or Territory government agency.

(3B)All of the following requirements are met:

(a)the applicant is sponsored by a person who:

(i)has turned 18; and

(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

(b)the applicant has declared on the application that the sponsor:

(i)is usually resident in a designated area of Australia; and

(ii)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also seeking to satisfy the criteria for a Subclass 475 (Skilled — Regional Sponsored) visa), as:

(A)a parent; or

(B)a child or step-child; or

(C)a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

(D)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

(E)a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece; or

(F)a grandparent or first cousin.

(c)each person who:

(i)is an applicant; and

(ii)claims to be a member of the family unit of the applicant;

is sponsored by the same person;

(d)the sponsorship was entered into on Form 1277 (Internet) or 1277.

Note For designated area, see regulation 1.03.

[41] Schedule 1, after paragraph 1229 (3) (d)

insert

(da)Applicant seeking to satisfy the primary criteria for the grant of a Subclass 487 (Skilled — Regional Sponsored) visa must meet the requirements of subitem (3A) or (3B).

[42] Schedule 1, after subitem 1229 (3)

insert

(3A)The applicant is nominated by a State or Territory government agency.

(3B)All of the following requirements are met:

(a)the applicant is sponsored by a person who:

(i)has turned 18; and

(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

(b)the applicant has declared on the application that the sponsor:

(i)is usually resident in a designated area of Australia; and

(ii)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also seeking to satisfy the criteria for a Subclass 487 (Skilled — Regional Sponsored) visa), as:

(A)a parent; or

(B)a child or step-child; or

(C)a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

(D)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

(E)a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece; or

(F)a grandparent or first cousin.

(c)each person who:

(i)is an applicant; and

(ii)claims to be a member of the family unit of the applicant;

is sponsored by the same person;

(d)the sponsorship was entered into on Form 1277 (Internet) or 1277.

Note For designated area, see regulation 1.03.

[43] Schedule 1, subparagraph 1229 (4) (b) (ii)

after

occupation

insert

for the applicant

[44] Schedule 1, subparagraph 1229 (5) (b) (ii)

after

occupation

insert

for the applicant

[45] Schedule 1, subparagraph 1229 (6) (b) (iii)

after

occupation

insert

for the applicant

[46] Schedule 1, subparagraph 1229 (7) (b) (ii)

after

occupation

insert

for the applicant

[47] Schedule 2, clause 106.111, definition of designated area

omit

[48] Schedule 2, clause 106.111, before note 1

insert

Note 1A For designated area, see regulation 1.03.

[49] Schedule 2, clause 139.111, definition of designated area

omit

[50] Schedule 2, clause 139.111, note 1

after

For

insert

designated area,

[51] Schedule 2, Division 175.2, heading, note

omit

The person seeking to satisfy the primary criteria must make an application for the visa before 8 May 2010 or after a date specified by the Minister in an instrument in writing.

[52] Schedule 2, Division 175.3, heading, note

substitute

Note These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

[53] Schedule 2, Division 176.2, heading, note

omit

The person seeking to satisfy the primary criteria must make an application for the visa before 8 May 2010 or after a date specified by the Minister in an instrument in writing.

[54] Schedule 2, subclauses 176.222 (1) and (2)

substitute

176.222(1) Either:

(a)if the applicant was nominated by a State or Territory government agency in accordance with subitem 1135 (3A) of Schedule 1 at the time of making the application — the requirements of subclause (2) are met; or

(b)if the applicant was sponsored in accordance with subitem 1135 (3B) at the time of making the application — the requirements of subclause (3) are met.

(2) The Minister has accepted the nomination of the applicant by a State or Territory government agency mentioned in subitem 1135 (3A).

[55] Schedule 2, Division 176.3, heading, note

substitute

Note These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

[56] Schedule 2, paragraph 457.223 (4) (aa)

after

2.72 (10) (a)

insert

or (aa)

[57] Schedule 2, clause 475.111, definition of designated area

omit

[58] Schedule 2, clause 475.111, after note 3

insert

Note 3A For designated area, see regulation 1.03.

[59] Schedule 2, Division 475.2, heading, note

omit

The person seeking to satisfy the primary criteria must make an application for the visa before 8 May 2010 or after a date specified by the Minister in an instrument in writing.

[60] Schedule 2, clause 475.213

omit

[61] Schedule 2, clause 475.222

substitute

475.222 (1) Either:

(a)if the applicant was nominated by a State or Territory government agency in accordance with subitem 1228 (3A) of Schedule 1 at the time of making the application — the requirements of subclause (2) are met; or

(b)if the applicant was sponsored in accordance with subitem 1228 (3B) at the time of making the application — the requirements of subclause (3) are met.

(2) The Minister has accepted the nomination mentioned in subitem 1228 (3A) of Schedule 1.

(3) All of the following requirements are met:

(a)the applicant, and all persons included in the application, are sponsored by a person who:

(i)has turned 18; and

(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

(iii)is usually resident in a designated area of Australia; and

(iv)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 475 (Skilled — Regional Sponsored) visa), as:

(A)a parent; or

(B)a child or step-child; or

(C)a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

(D)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

(E)a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece; or

(F)a grandparent or first cousin;

(b)the sponsorship was made:

(i)on Form 1277 (Internet), and the Minister has accepted the sponsorship; or

(ii)on Form 1277:

(A)by posting the form (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or

(B)by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub-subparagraph;

and the Minister has accepted the sponsorship.

[62] Schedule 2, Division 475.3, heading, note

substitute

Note These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.

[63] Schedule 2, clause 487.111, definition of designated area

omit

[64] Schedule 2, clause 487.111, after note 3

insert

Note 3A For designated area, see regulation 1.03.

[65] Schedule 2, clause 487.213

omit

[66] Schedule 2, clause 487.225

substitute

487.225 (1) Either:

(a)if the applicant was nominated by a State or Territory government agency in accordance with subitem 1229 (3A) of Schedule 1 at the time of making the application — the requirements of subclause (2) are met; or

(b)if the applicant was sponsored in accordance with subitem 1229 (3B) at the time of making the application — the requirements of subclause (3) are met.

(2) The Minister has accepted the nomination mentioned in subitem 1229 (3A) of Schedule 1.

(3) All of the following requirements are met:

(a)the applicant, and all persons included in the application, are sponsored by a person who:

(i)has turned 18; and

(ii)is an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; and

(iii)is usually resident in a designated area of Australia; and

(iv)is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 487 (Skilled — Regional Sponsored) visa), as:

(A)a parent; or

(B)a child or step-child; or

(C)a brother or sister, an adoptive brother or sister, or a step-brother or step-sister; or

(D)an aunt or uncle, an adoptive aunt or uncle, or a step-aunt or step-uncle; or

(E)a nephew or niece, an adoptive nephew or niece, or a step-nephew or step-niece; or

(F)a grandparent or first cousin;

(b)the sponsorship was made:

(i)on Form 1277 (Internet), and the Minister has accepted the sponsorship; or

(ii)on Form 1277:

(A)by posting the form (with the correct pre-paid postage) to the post office box address or other address specified by the Minister in an instrument in writing for this sub‑subparagraph; or

(B)by having the form delivered by a courier service to the address specified by the Minister in an instrument in writing for this sub-subparagraph;

and the Minister has accepted the sponsorship.

[67] Schedule 2, clause 496.111, definition of designated area

omit

[68] Schedule 2, clause 496.111, note 1

after

For

insert

designated area,

[69] Schedule 2, clause 846.111, definition of designated area

omit

[70] Schedule 2, clause 846.111, note 1

omit

AUD

insert

AUD, designated area

[71] Schedule 2, clause 863.111, definition of designated area

omit

[72] Schedule 2, clause 863.111, note 1

after

For

insert

designated area,

[73] Schedule 2, clause 883.111, including the note

substitute

Note 1 For designated area, see regulation 1.03.

Note 2 For vocational English, see regulation 1.15B.

[74] Schedule 2, subclauses 886.222 (1) and (2)

substitute

886.222(1) Either:

(a)if the applicant was nominated by a State or Territory government agency in accordance with subitem 1136 (3A) of Schedule 1 at the time of making the application — the requirements of subclause (2) are met; or

(b)if the applicant was sponsored in accordance with subitem 1136 (3B) of Schedule 1 at the time of making the application — the requirements of subclause (3) are met.

(2) The Minister has accepted the nomination of the applicant by a State or Territory government agency mentioned in subitem 1136 (3A) of Schedule 1.

[75] Schedule 8, paragraph 8107 (3A) (a)

substitute

(a)if the nomination was made before 1 July 2010 — the holder’s occupation is specified in an instrument in writing for subparagraph 2.72 (10) (d) (ii) or (iii); or

(aa)if the nomination is made on or after 1 July 2010 — the holder’s occupation is specified in an instrument in writing for subparagraph 2.72 (10) (e) (ii) or (iii); or

Note

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