Migration Regulations 1994 Specification of Level of Salary and Exemptions to the English Language Requirements for Subclass 457 (Business (Long Stay)) Visas IMMI 10/029 (Cth)

Case


Commonwealth of Australia

Migration Regulations 1994

0BLEVEL OF SALARY AND EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR SUBCLASS 457 (BUSINESS (LONG STAY)) VISAS

(PARAGRAPH 457.223(6)(a) AND SUBCLAUSE 457.223(11))

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under paragraph 457.223(6)(a) and subclause 457.223(11) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):

  1. REVOKE Instrument number IMMI 09/118, signed on 10 October 2009, which specified the level of salary that is worked out in a way specified for paragraph 457.223(6)(a) of Schedule 2 to the Regulations, and specified a class of applicants for the meaning of exempt applicant under subclause 457.223(11) of Schedule 2 to the Regulations; AND

  1. SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, the following way of working out the level of salary:

An annual salary, paid on a monthly, fortnightly or weekly basis, at a base rate of pay which is equal to or greater than the applicable base salary, where:

the base rate of pay is the person’s rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following:

(a)      incentive-based payments and bonuses;

(b)      loadings;

(c)      monetary allowances;

(d)      overtime or penalty rates;

(e)      any other separately identifiable amounts; and

the applicable base salary is AUD 85,090 per annum.

Note:

The definition of base rate of pay is based on the definition given in section 16 of the
Fair Work Act 2009.


3. SPECIFY for the purposes of the meaning of “exempt applicant” under subclause 457.223(11) of Schedule 2 to the Regulations, the following classes of applicants to be an exempt applicant:

(a)    applicants who are:

(i)   nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership, and

(ii)    the holder of a passport of any of the following countries:

(A)Canada;

(B)New Zealand;

(C)the Republic of Ireland;

(D)the United Kingdom; or

(E)the United States of America;

(b)   applicants who are:

(i)   the subject of an approved nomination and the application for approval of the nomination was made before 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and

(ii)    nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is in the ASCO Major Groups 1 – 3, excluding Head Chef 3322-01 and Chef 3322-11, except where an applicant has been nominated for Head Chef or Chef and has lodged an application before 14 April 2009;

(c)    applicants who are:

(i)   the subject of an approved nomination and the application for approval of the nomination was made on or after 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and

(ii)    nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is set out in the Schedule to this Instrument;

(d)   applicants who:

(i)   are nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and

(ii)    have completed at least 5 consecutive years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English;

(e)    applicants who are:

(i) nominated in relation to an activity or occupation by a standard business sponsor approved under regulation 1.20D or 1.20DA or 2.59 of the Regulations; and

(ii)    nominated in relation to activity or occupation that will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia.

4.         For the purposes of Item (3) of this Instrument:

(a)in relation to secondary education, “full-time study” means the standard number of contact hours that a student would undertake in the relevant country; and

(b)in relation to tertiary education, “full-time study” means the completion of at least three subjects in each semester or trimester of study.

5.         This Instrument, number IMMI 10/029, commences on 1 July 2010.

Dated 17 June 2010

CHRIS EVANS

Minister for Immigration and Citizenship

[NOTE 1:     Paragraph 457.223(6)(a) applies to an applicant for a Subclass 457 (Business (Long Stay)) visa if the applicant will be paid, in connection with the occupation nominated in relation to the applicant, a level of salary that is at least the level of salary worked out in a way specified by the Minister in an instrument in writing for the paragraph.  

NOTE 2:     Subclause 457.223(11) provides that in subclause 457.223(4), exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for the subclause.]

Schedule

OCCUPATION  ANZSCO Code
Chief Executive or Managing Director 111111
Corporate General Manager 111211
Aquaculture Farmer 121111
Cotton Grower 121211
Flower Grower 121212
Fruit or Nut Grower 121213
Grain, Oilseed or Pasture Grower 121214
Grape Grower 121215
Mixed Crop Farmer 121216
Turf Grower 121218
Vegetable Grower 121221
Crop Farmers nec 121299
Apiarist 121311
Beef Cattle Farmer 121312
Dairy Cattle Farmer 121313
Deer Farmer 121314
Goat Farmer 121315
Horse Breeder 121316
Mixed Livestock Farmer 121317
Pig Farmer 121318
Poultry Farmer 121321
Sheep Farmer 121322
Livestock Farmers nec 121399
Mixed Crop and Livestock Farmer 121411
Sales and Marketing Manager 131112
Advertising Manager 131113
Public Relations Manager 131114
Corporate Services Manager 132111
Finance Manager 132211
Human Resource Manager 132311
Policy and Planning Manager 132411
Research and Development Manager 132511
Construction Project Manager 133111
Project Builder 133112
Engineering Manager 133211
Importer or Exporter 133311
Wholesaler 133312
Manufacturer 133411
Production Manager (Forestry) 133511
Production Manager (Manufacturing) 133512
Production Manager (Mining) 133513
Supply and Distribution Manager 133611

Schedule (Continued)


OCCUPATION 

ANZSCO Code
Child Care Centre Manager 134111
Medical Administrator 134211
Nursing Clinical Director 134212
Primary Health Organisation Manager 134213
Welfare Centre Manager 134214
Health and Welfare Services Managers nec 134299
School Principal 134311
Faculty Head 134411
Regional Education Manager 134412
Education Managers nec 134499
Chief Information Officer 135111
ICT Project Manager 135112
ICT Managers nec 135199
Commissioned Fire Officer 139112
Commissioned Police Officer 139113
Arts Administrator or Manager 139911
Environmental Manager 139912
Laboratory Manager 139913
Quality Assurance Manager 139914
Sports Administrator 139915
Café or Restaurant Manager 141111
Caravan Park and Camping Ground Manager 141211
Hotel or Motel Manager 141311
Licensed Club Manager 141411
Bed and Breakfast Operator 141911
Retirement Village Manager 141912
Accommodation and Hospitality Managers nec 141999
Antique Dealer 142112
Betting Agency Manager 142113
Hair or Beauty Salon Manager 142114
Post Office Manager 142115
Travel Agency Manager 142116
Amusement Centre Manager 149111
Fitness Centre Manager 149112
Sports Centre Manager 149113
Call or Contact Centre Manager 149211
Customer Service Manager 149212
Conference and Event Organiser 149311
Fleet Manager 149411
Railway Station Manager 149412
Transport Company Manager 149413
Cinema or Theatre Manager 149912
Facilities Manager 149913
Financial Institution Branch Manager 149914
Equipment Hire Manager 149915
Actor 211111
Dancer or Choreographer 211112
Entertainer or Variety Artist 211113

Schedule (Continued)

OCCUPATION ANZSCO Code
Actors, Dancers and Other Entertainers nec 211199
Composer 211211
Music Director 211212
Musician (Instrumental) 211213
Singer 211214
Music Professionals nec 211299
Photographer 211311
Painter (Visual Arts) 211411
Potter or Ceramic Artist 211412
Sculptor 211413
Visual Arts and Crafts Professionals nec 211499
Artistic Director 212111
Media Producer (excluding Video) 212112
Radio Presenter 212113
Television Presenter 212114
Author 212211
Book or Script Editor 212212
Art Director (Film, Television or Stage) 212311
Director (Film, Television, Radio or Stage) 212312
Director of Photography 212313
Film and Video Editor 212314
Program Director (Television or Radio) 212315
Stage Manager 212316
Technical Director 212317
Video Producer 212318
Film, Television, Radio and Stage Directors nec 212399
Copywriter 212411
Newspaper or Periodical Editor 212412
Print Journalist 212413
Radio Journalist 212414
Technical Writer 212415
Television Journalist 212416
Journalists and Other Writers nec 212499
Accountant (General) 221111
Management Accountant 221112
Taxation Accountant 221113
Company Secretary 221211
Corporate Treasurer 221212
External Auditor 221213
Internal Auditor 221214
Commodities Trader 222111
Finance Broker 222112
Insurance Broker 222113
Financial Brokers nec 222199
Financial Market Dealer 222211
Futures Trader 222212
Stockbroking Dealer 222213
Financial Dealers nec 222299

Schedule (Continued)

OCCUPATION  ANZSCO Code
Financial Investment Adviser 222311
Financial Investment Manager 222312
Human Resource Adviser 223111
Recruitment Consultant 223112
Workplace Relations Adviser 223113
ICT Trainer 223211
Training and Development Professional 223311
Actuary 224111
Mathematician 224112
Statistician 224113
Archivist 224211
Gallery or Museum Curator 224212
Health Information Manager 224213
Records Manager 224214
Economist 224311
Intelligence Officer 224411
Policy Analyst 224412
Land Economist 224511
Valuer 224512
Librarian 224611
Management Consultant 224711
Organisation and Methods Analyst 224712
Electorate Officer 224911
Liaison Officer 224912
Patents Examiner 224914
Information and Organisation Professionals nec 224999
Advertising Specialist 225111
Market Research Analyst 225112
Marketing Specialist 225113
ICT Account Manager 225211
ICT Business Development Manager 225212
ICT Sales Representative 225213
Public Relations Professional 225311
Sales Representative (Industrial Products) 225411
Sales Representative (Medical and Pharmaceutical Products) 225412
Aeroplane Pilot 231111
Air Traffic Controller 231112
Flying Instructor 231113
Helicopter Pilot 231114
Air Transport Professionals nec 231199
Master Fisher 231211
Ship’s Engineer 231212
Ship’s Master 231213
Ship’s Officer 231214
Ship’s Surveyor 231215
Marine Transport Professionals nec 231299
Architect 232111
Landscape Architect 232112

Schedule (Continued)

OCCUPATION  ANZSCO Code
Surveyor 232212
Cartographer 232213
Other Spatial Scientist 232214
Fashion Designer 232311
Industrial Designer 232312
Industrial Designer 232312
Jewellery Designer 232313
Graphic Designer 232411
Illustrator 232412
Multimedia Designer 232413
Web Designer 232414
Interior Designer 232511
Urban and Regional Planner 232611
Chemical Engineer 233111
Materials Engineer 233112
Civil Engineer 233211
Geotechnical Engineer 233212
Quantity Surveyor 233213
Structural Engineer 233214
Transport Engineer 233215
Electrical Engineer 233311
Electronics Engineer 233411
Industrial Engineer 233511
Mechanical Engineer 233512
Production or Plant Engineer 233513
Mining Engineer (excluding Petroleum) 233611
Petroleum Engineer 233612
Aeronautical Engineer 233911
Agricultural Engineer 233912
Biomedical Engineer 233913
Engineering Technologist 233914
Environmental Engineer 233915
Naval Architect 233916
Engineering Professional nec 233999
Agricultural Consultant 234111
Agricultural Scientist 234112
Forester 234113
Chemist 234211
Food Technologist 234212
Wine Maker 234213
Conservation Officer 234311
Environmental Consultant 234312
Environmental Research Scientist 234313
Park Ranger 234314
Environmental Scientists nec 234399
Geologist 234411
Geophysicist 234412
Life Scientist (General) 234511
Anatomist or Physiologist 234512

Schedule (Continued)

OCCUPATION  ANZSCO Code
Biochemist 234513
Biotechnologist 234514
Botanist 234515
Marine Biologist 234516
Microbiologist 234517
Zoologist 234518
Life Scientists nec 234599
Medical Laboratory Scientist 234611
Veterinarian 234711
Conservator 234911
Metallurgist 234912
Meteorologist 234913
Physicist 234914
Natural and Physical Science Professionals nec 234999
Early Childhood (Pre-primary School) Teacher 241111
Primary School Teacher 241213
Middle School Teacher 241311
Secondary School Teacher 241411
Special Needs Teacher 241511
Teacher of the Hearing Impaired 241512
Teacher of the Sight Impaired 241513
Special Education Teachers nec 241599
University Lecturer 242111
University Tutor 242112
Vocational Education Teacher 242211
Education Adviser 249111
Education Reviewer 249112
Art Teacher (Private Tuition) 249211
Dance Teacher (Private Tuition) 249212
Drama Teacher (Private Tuition) 249213
Music Teacher (Private Tuition) 249214
Teacher of English to Speakers of Other Languages 249311
Dietitian 251111
Medical Diagnostic Radiographer 251211
Medical Radiation Therapist 251212
Nuclear Medicine Technologist 251213
Sonographer 251214
Environmental Health Officer 251311
Occupational Health and Safety Adviser 251312
Optometrist 251411
Orthoptist 251412
Hospital Pharmacist 251511
Industrial Pharmacist 251512
Retail Pharmacist 251513
Health Promotion Officer 251911
Orthotist or Prosthetist 251912
Health Diagnostic and Promotion Professionals nec 251999
Chiropractor 252111
Osteopath 252112

Schedule (Continued)

OCCUPATION  ANZSCO Code
Acupuncturist 252211
Homoeopath 252212
Naturopath 252213
Traditional Chinese Medicine Practitioner 252214
Complementary Health Therapists nec 252299
Dental Specialist 252311
Dentist 252312
Occupational Therapist 252411
Physiotherapist 252511
Podiatrist 252611
Audiologist 252711
Speech Pathologist 252712
General Medical Practitioner 253111
Resident Medical Officer 253112
Anaesthetist 253211
Specialist Physician (General Medicine) 253311
Cardiologist 253312
Clinical Haematologist 253313
Medical Oncologist 253314
Endocrinologist 253315
Gastroenterologist 253316
Intensive Care Specialist 253317
Neurologist 253318
Paediatrician 253321
Renal Medicine Specialist 253322
Rheumatologist 253323
Thoracic Medicine Specialist 253324
Specialist Physician nec 253399
Psychiatrist 253411
Surgeon (General) 253511
Cardiothoracic Surgeon 253512
Neurosurgeon 253513
Orthopaedic Surgeon 253514
Otorhinolaryngologist 253515
Paediatric Surgeon 253516
Plastic and Reconstructive Surgeon 253517
Urologist 253518
Vascular Surgeon 253521
Dermatologist 253911
Emergency Medicine Specialist 253912
Obstetrician and Gynaecologist 253913
Ophthalmologist 253914
Pathologist 253915
Diagnostic and Interventional Radiologist 253917
Radiation Oncologist 253918
Medical Practitioners nec 253999
Midwife 254111
Nurse Educator 254211

Schedule (Continued)

OCCUPATION  ANZSCO Code
Nurse Researcher 254212
Nurse Manager 254311
Nurse Practitioner 254411
Registered Nurse (Aged Care) 254412
Registered Nurse (Child and Family Health) 254413
Registered Nurse (Community Health) 254414
Registered Nurse (Critical Care and Emergency) 254415
Registered Nurse (Developmental Disability) 254416
Registered Nurse (Disability and Rehabilitation) 254417
Registered Nurse (Medical) 254418
Registered Nurse (Medical Practice) 254421
Registered Nurse (Mental Health) 254422
Registered Nurse (Perioperative) 254423
Registered Nurse (Surgical) 254424
Registered Nurses nec 254499
ICT Business Analyst 261111
Systems Analyst 261112
Multimedia Specialist 261211
Web Developer 261212
Analyst Programmer 261311
Developer Programmer 261312
Software Engineer 261313
Software Tester 261314
Software and Applications Programmers nec 261399
Database Administrator 262111
ICT Security Specialist 262112
Systems Administrator 262113
Computer Network and Systems Engineer 263111
Network Administrator 263112
Network Analyst 263113
ICT Quality Assurance Engineer 263211
ICT Support Engineer 263212
ICT Systems Test Engineer 263213
ICT Support and Test Engineers nec 263299
Telecommunications Engineer 263311
Telecommunications Network Engineer 263312
Barrister 271111
Judicial and Other Legal Professionals nec 271299
Solicitor 271311
Careers Counsellor 272111
Drug and Alcohol Counsellor 272112
Family and Marriage Counsellor 272113
Rehabilitation Counsellor 272114
Student Counsellor 272115
Counsellors nec 272199
Clinical Psychologist 272311
Educational Psychologist 272312
Organisational Psychologist 272313

Schedule (Continued)

OCCUPATION  ANZSCO Code
Psychotherapist 272314
Psychologists nec 272399
Historian 272411
Interpreter 272412
Translator 272413
Social Professionals nec 272499
Social Worker 272511
Community Arts Worker 272611
Recreation Officer 272612
Welfare Worker 272613
Agricultural Technician 311111
Anaesthetic Technician 311211
Cardiac Technician 311212
Medical Laboratory Technician 311213
Operating Theatre Technician 311214
Pharmacy Technician 311215
Pathology Collector (Aus) / Phlebotomist(NZ) 311216
Medical Technicians nec 311299
Fisheries Officer 311311
Meat Inspector 311312
Quarantine Officer 311313
Primary Products Inspectors nec 311399
Chemistry Technician 311411
Earth Science Technician 311412
Life Science Technician 311413
School Laboratory Technician 311414
Science Technicians nec 311499
Architectural Draftsperson 312111
Building Associate 312112
Building Inspector 312113
Construction Estimator 312114
Plumbing Inspector 312115
Surveying or Spatial Science Technician 312116
Architectural, Building and Surveying Technicians nec 312199
Civil Engineering Draftsperson 312211
Civil Engineering Technician 312212
Electrical Engineering Draftsperson 312311
Electronic Engineering Draftsperson 312411
Electronic Engineering Technician 312412
Mechanical Engineering Draftsperson 312511
Mechanical Engineering Technician 312512
Safety Inspector 312611
Maintenance Planner 312911
Metallurgical or Materials Technician 312912
Mine Deputy 312913
Building and Engineering Technicians nec 312999
Hardware Technician 313111
ICT Customer Support Officer 313112

Schedule (Continued)

OCCUPATION  ANZSCO Code
Web Administrator 313113
ICT Support Technicians nec 313199
Radiocommunications Technician 313211
Telecommunications Field Engineer 313212
Telecommunications Network Planner 313213
Telecommunications Technical Officer or Technologist 313214
Engineering Patternmaker 323411
Communications Operator 342312
Gallery or Museum Technician 399311
Library Technician 399312
Interior Decorator 399912
Ambulance Officer 411111
Intensive Care Ambulance Paramedic 411112
Dental Hygienist 411211
Dental Prosthetist 411212
Dental Technician 411213
Dental Therapist 411214
Enrolled Nurse 411411
Mothercraft Nurse 411412
Aboriginal and Torres Strait Islander Health Worker 411511
Massage Therapist 411611
Community Worker 411711
Disabilities Services Officer 411712
Family Support Worker 411713
Parole or Probation Officer 411714
Residential Care Officer 411715
Youth Worker 411716
Emergency Service Worker 441211
Fire Fighter 441212
Detective 441311
Police Officer 441312
Private Investigator 442214
Security Consultant 442216
Beauty Therapist 451111
Funeral Director 451311
Diving Instructor (Open Water) 452311
Gymnastics Coach or Instructor 452312
Horse Riding Coach or Instructor 452313
Snowsport Instructor 452314
Swimming Coach or Instructor 452315
Tennis Coach 452316
Other Sports Coach or Instructor 452317
Dog or Horse Racing Official 452318
Sports Development Officer 452321
Sports Umpire 452322
Other Sports Official 452323
Footballer 452411
Golfer 452412

Schedule (Continued)

OCCUPATION  ANZSCO Code
Jockey 452413
Sportspersons nec 452499
Contract Administrator 511111
Program or Project Administrator 511112
Bookmaker 552311
Stock and Station Agent 611112
Retail Buyer 639211
Funeral Workers nec 451399
Specialist Managers nec 139999
Hospitality, Retail and Service Managers nec 149999

In this Instrument:

  1. ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010. This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at HUhttp:// type="1">

  2. ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, published by the Australian Bureau of Statistics on 31 July 1997. This is the ASCO - Second Edition (ABS Catalogue No. 1220.0) and is available online at HUhttp:// .

  1. nec means “not elsewhere classified”.

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