Overview

The Migration Regulations 1994 were enacted by the Parliament of Australia to regulate the migration of individuals into and within Australia. The Migration (IMMI 17/092: Areas of Australia and kinds of work – specified Subclass 462 work) Instrument 2017, made under regulation 1.15FA of the Migration Regulations, was introduced to address the need for updating the areas of Australia and the kinds of work eligible for the specified Subclass 462 work definition. This instrument repeals the previous instrument from 2016 and includes 13 additional Queensland postcodes to the specified areas, thereby ensuring that applicants for a Subclass 462 (Work and Holiday) visa meet the required work experience criteria. The enactment of this instrument aims to align the definition of Northern Australia with broader initiatives stemming from the White Paper on Developing Northern Australia and was deemed not to require a Regulatory Impact Statement by the Office of Best Practice Regulation.

Scope and Application

Instrument IMMI 17/092 pertains to individuals applying for a Subclass 462 (Work and Holiday) visa, including those who have previously held such a visa in Australia. The primary purpose of this instrument is to amend the definition of "specified Subclass 462 work" by adding thirteen additional Queensland postcodes to the specified areas of Australia. This change ensures that the definition aligns with broader initiatives aimed at developing Northern Australia, as harmonised through consultation with the Office of Northern Australia. By specifying these areas and types of work, the instrument clarifies the eligibility criteria for the Subclass 462 visa, ensuring that applicants must have completed at least three months of specified work in these designated regions. This legislative update operates under the Migration Regulations 1994 and came into effect on 1 September 2017, thereby extending the jurisdictional reach to encompass the newly specified areas within Queensland.

Key Provisions

The key provisions of Instrument IMMI 17/092 pertain to the areas of Australia and types of work that qualify as "specified Subclass 462 work" for the purposes of a Subclass 462 (Work and Holiday) visa. This instrument, made under regulation 1.15FA of the Migration Regulations 1994, specifically aims to include thirteen additional Queensland postcodes to the existing list of areas in Australia where work can count towards the required three months of specified Subclass 462 work. For clarity, regulation 1.03 of the Regulations defines what constitutes "specified Subclass 462 work". This amendment ensures that the definition of Northern Australia is harmonised with other relevant initiatives, as recommended by the Office of Northern Australia. In terms of obligations, applicants for a Subclass 462 visa who have previously held such a visa must ensure that the work they performed while in Australia, under the previous visa, meets the criteria set out in Instrument IMMI 17/092. This means they need to have completed at least three months of specified Subclass 462 work in the updated list of areas, which now includes the additional Queensland postcodes. The instrument serves to clarify and expand the geographical scope of eligible work areas, thus directly affecting the eligibility criteria for applicants. Any breaches or non-compliance with the requirements set forth in Instrument IMMI 17/092 could result in penalties. While specific penalties are not detailed in the explanatory statement, under the Migration Act 1958, breaches of visa conditions can lead to a range of consequences, including visa cancellation, deportation, and a five-year ban on future visa applications. Such penalties underscore the importance of adhering to the stipulations of the instrument for maintaining visa eligibility.