Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00291 In force Legislative Instrument

Legislation content

Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018

made under subparagraph 5.19(12)(g)(i) of the

Migration Regulations 1994

Compilation No. 1

Compilation date:    16 November 2019

Includes amendments up to: F2019L01447

Registered:    22 November 2019

 

About this compilation

This compilation

This is a compilation of the Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 that shows the text of the law as amended and in force on 16 November 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1- Preliminary

Part 2 – Specification of Regional Certifying Bodies and Regional Australia

Schedule 1—Regional Certifying Bodies

Schedule 3—Application of this Instrument

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

Part 1- Preliminary

1  Name

  1.            This instrument is the Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018.
  2.            This instrument may be cited as IMMI 18/037.

3  Authority

This instrument is made under subparagraph 5.19(12)(g)(i) of the Migration Regulations 1994.

4  Definitions

In this instrument:

Regional Certifying Body means a body that is specified by Schedule 1 to this instrument.

Regulation means the Migration Regulations 1994.

5  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


Part 2 – Specification of Regional Certifying Bodies and Regional Australia

6  Regional Certifying Bodies

  1.            For the purposes of subparagraph 5.19(12)(g)(i) of the Regulations, each body mentioned in Schedule 1 to this instrument is specified.


Schedule 1—Regional Certifying Bodies

STATE or TERRITORY

BODY

AUSTRALIAN CAPITAL TERRITORY

ACT Economic Development Directorate

NEW SOUTH WALES

Industry and Investment NSW

Central NSW - Regional Development Australia, Central West Inc

Central NSW - Regional Development Australia, Orana Inc

Northern NSW - Regional Development Australia, Hunter Inc

Northern NSW - Regional Development Australia, Northern Inland Inc

Northern NSW - Regional Development Australia, Northern Rivers Inc

Northern NSW - Regional Development Australia, Mid North Coast Inc

Eastern NSW - Regional Development Australia, Central Coast Inc

Southern NSW - Regional Development Australia, Southern Inland Inc

Southern NSW - Regional Development Australia, Illawarra Inc

Southern NSW - Regional Development Australia, Murray Inc

Southern NSW - Regional Development Australia, Far South Coast

Southern NSW - Regional Development Australia, Riverina Inc

Western NSW - Regional Development Australia, Far West Inc

NORTHERN TERRITORY

Department of Trade, Business and Innovation

QUEENSLAND

Chamber of Commerce and Industry Queensland (Brisbane)

South East Qld - Chamber of Commerce and Industry Queensland (Gold Coast)

South East Qld - Chamber of Commerce and Industry Queensland (Sunshine Coast)

South West Qld - Maranoa Regional Council

South West Qld - Chamber of Commerce and Industry Queensland (Toowoomba)

Central Qld - Central Western Queensland Remote Area Planning and Development Board

Central Qld - Chamber of Commerce and Industry Queensland (Rockhampton and Central Qld)

Central Qld - Mount Isa Chamber of Commerce

Central Qld - Gladstone Area Promotion and Development Limited

North Qld - Cairns Chamber of Commerce

North Qld - Chamber of Commerce and Industry Queensland (Cairns and Far North Qld)

North Qld - Chamber of Commerce and Industry Queensland (Mackay)

North Qld - Chamber of Commerce and Industry Queensland (Townsville and North Qld)

SOUTH AUSTRALIA

Department of State Development

TASMANIA

Department of State Growth

VICTORIA

Department of Economic Development, Jobs, Transport and Resources (Ballarat)

Department of Economic Development, Jobs, Transport and Resources (Bendigo)

Department of Economic Development, Jobs, Transport and Resources (Geelong)

 Department of Economic Development, Jobs, Transport and Resources (Mildura)

Department of Economic Development, Jobs, Transport and Resources (Shepparton)

Department of Economic Development, Jobs, Transport and Resources (Traralgon)

Department of Economic Development, Jobs, Transport and Resources (Wangaratta)

Department of Economic Development, Jobs, Transport and Resources (Wodonga)

Ballarat City Council

Greater Geelong City Council

Swan Hill Rural City Council

Rural City of Wangaratta City Council

Warrnambool City Council

Wimmera Development Association Inc

WESTERN AUSTRALIA

Department of Training and Workforce Development

RDA Goldfields Esperance

 


Schedule 3—Application of this Instrument

  1.            This instrument applies in relation to the following:
  1.            an application for approval of a nomination relating to the Subclass 187 (Regional Sponsored Migration Scheme) visa made on or after 18 March 2018;
  2.            an application for a Subclass 187 (Regional Sponsored Migration Scheme) visa made on or after 18 March 2018, if the related application for approval of a nomination is made on or after that date.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018

16 Mar 2018 (F2018L00291)

18 Mar 2018 (s 2)

 

Migration (LIN 19/267: Regional Certifying Bodies and Regional Postcodes) Amendment Instrument 2019

13 Nov 2019 (F2019L01447)

16 Nov 2019 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 3.....................

am F2019L01447

Part 2

 

s 7.....................

rep F2019L01447

Schedule 2................

rep F2019L01447

Schedule 4................

rep LA s 48C

 

 

Overview

The Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 was enacted to address the need for clearly specifying Regional Certifying Bodies and regional postcodes under the Migration Regulations 1994. This legislative instrument was made under subparagraph 5.19(12)(g)(i) of the Migration Regulations 1994 by the relevant authority, presumably the Australian government, to provide clarity and guidance for the Regional Sponsored Migration Scheme. The primary policy objective is to ensure that regional areas receive skilled migrants who can contribute to local economic development and growth. This instrument aims to streamline the application process for the Subclass 187 visa by explicitly defining which bodies are authorised to make nominations for regional migration and delineating the geographical regions eligible for this scheme. This instrument applies to applications for approval of nominations and Subclass 187 visa applications submitted on or after 18 March 2018. The instrument lists specific Regional Certifying Bodies in various states and territories, ensuring that only recognised bodies can nominate skilled migrants for regional areas. This legislative measure seeks to enhance the efficiency and effectiveness of the regional migration program by providing a clear framework for the identification and nomination of skilled migrants suitable for regional development.

Scope and Application

The Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 applies to applications for approval of nominations and visas under the Subclass 187 (Regional Sponsored Migration Scheme) made on or after 18 March 2018. This instrument specifies the Regional Certifying Bodies responsible for endorsing nominations in their respective regions across Australia, which include various state and territory bodies as well as local councils in specific areas. These bodies are detailed in Schedule 1 of the instrument. The instrument operates on a national level, covering all states and territories in Australia, as it pertains to the specified migration scheme. There are no exclusions, exemptions, or thresholds stated within the instrument itself; however, the scope of its application is limited to the regional nomination and visa process outlined in the Migration Regulations 1994. The instrument’s application can be extended or further specified through subordinate instruments made under the Migration Act 1958.

Key Provisions

The Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 specifies the bodies that can act as Regional Certifying Bodies (RCBs) for the purposes of the Subclass 187 (Regional Sponsored Migration Scheme) visa under the Migration Regulations 1994. The main operative sections, sections 6 and 7, identify and list the RCBs across various states and territories in Schedule 1. These sections ensure that only the bodies listed in the schedule are recognised as RCBs for the purposes of nominating skilled migrants for regional areas. Section 6 makes the bodies in Schedule 1 the specified RCBs, while section 7 repeals any previous lists or specifications. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, the bodies listed in Schedule 1 must comply with the criteria and standards set forth by the Migration Regulations 1994 to be considered valid RCBs. These bodies must be able to demonstrate their capacity to assess and nominate skilled migrants for regional areas effectively. The RCBs also have the responsibility of ensuring that the nomination process aligns with the objectives of the Regional Sponsored Migration Scheme. Moreover, they must ensure that all nominations are made in good faith and in accordance with the guidelines and policies set by the Department of Home Affairs. Failure to comply with the provisions of this instrument can lead to various civil or criminal consequences. While the specific offences and penalties are not detailed in the text provided, it is clear that breaches of the Migration Act 1958, which the Instrument supports, can result in substantial penalties. Under the Migration Act, an individual or entity found to be non-compliant can face penalties such as fines and imprisonment. For instance, for serious breaches, individuals can face fines of up to $222,200 and imprisonment for up to 10 years, while corporations can face fines of up to $1,111,000. Additionally, the Department of Home Affairs has the authority to cancel visas or revoke nominations that do not comply with the requirements, thereby preventing the unlawful migration activities from proceeding. In conclusion, the Migration (IMMI 18/037: Regional Certifying Bodies and Regional Postcodes) Instrument 2018 plays a crucial role in defining and regulating the entities responsible for nominating skilled migrants for regional areas. It imposes clear obligations on RCBs to ensure they meet the necessary standards and criteria. Non-compliance can result in severe civil and criminal penalties, underscoring the importance of adhering to the provisions of this legislation.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Licensing & Registration

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.