Migration (IMMI 18/051: Specification of Occupations and Assessing Authorities) Instrument 2018

Administered by Department of Home Affairs

Legislation au F2018L00299 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 18/051: SPECIFICATION OF OCCUPATIONS AND ASSESSING AUTHORITIES) INSTRUMENT 2018

 (regulation 1.03; subregulation 1.15I(1); subregulation 2.26B(1); subitem 1137(4C) of Schedule 1;  item 4 of the table in subitem 1138(4) of Schedule 1; paragraph 1229(3)(k) of Schedule 1; and item 4 of the table in subitem 1230(4) of Schedule 1)

  1. Instrument IMMI 18/051 is made under regulation 1.03; subregulation 1.15I(1); subregulation 2.26B(1); subitem 1137(4C) of Schedule 1;  item 4 of the table in subitem 1138(4) of Schedule 1; paragraph 1229(3)(k) of Schedule 1; and item 4 of the table in subitem 1230(4) of Schedule 1 to the Migration Regulations 1994 (the Regulations).
  2. The instrument repeals the Migration (IMMI 18/007: Specification of Occupations and Assessing Authorities) Instrument 2017 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). Subsection 33(3) of the Acts Interpretation Act states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  3. The instrument operates to:
    • specify skilled occupations applicable for the class for the purposes of  subregulation 1.15I(1);
    • if item 1 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of item 4 of the table in subitem 1137(4B), and item 4 of the table in subitem 1230(4), of Schedule 1 to the Regulations;
    • if item 2 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of paragraph 1229(3)(k) of Schedule 1 to the Regulations;
    • if item 3 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of item 4 of the table in subitem 1138(4), and item 4 of the table in subitem 1230(4), of Schedule 1 to the Regulations;
    • if item 4 of the table in subsection 7(1) applies, specify skilled occupations for the purposes of 1230(4) of Schedule 1 to the Regulations;
    • specify persons and bodies as relevant assessing authorities for the purposes of subregulation 2.26B(1); and
    • specify the definition of ANZSCO for the purposes of regulation 1.03.
  4. The ways in which the instrument is different from the instrument it replaces, IMMI 18/007, are set out in paragraphs 5 to 14.
  5. This instrument introduces the Regional Occupation List  for migration to regional Australia for state and territory nominated applicants of the Skilled Regional (Provisional) (subclass 489) visa, and consequential changes to occupations previously listed on IMMI 18/007, based on labour market advice from the Department of Jobs and Small Business. The amended occupation lists ensure that the entry of skilled foreign workers to Australia remains carefully calibrated to Australia’s needs.
  6. Items 1 to 4 of the table in subsection 7(1) establish four classes of persons. Item 4 has been added to the table in subsection 7(1). It establishes a new class of persons: state and territory government nominated applicants for the Skilled Regional (Provisional) (subclass 489) visa. Item 3 to the table in subsection 7(1) of Part 2 has been amended to remove references to persons who make an application for a Subclass 489 (Skilled – Regional (Provisional)) visa. 
  7. Subsection 7(3) of Part 2 provides that for the purposes of paragraph 1.15I(1)(a) of the Regulations, each occupation mentioned in column 1 of an item of an applicable list for the class is specified to be a skilled occupation for the class, subject to subsection 8(2) of this instrument. Subsection 7(3) previously referred to subsection 9(2). Subsection 9(2) has been removed as there are no longer any occupations in the Short-term Skilled Occupation List (STSOL) that are available only to a class specified in the table in subsection 7(1).
  8. Column 2 of the table in subsection 7(1) specifies which lists are applicable to each class of persons. The Medium and Long-term Strategic Skills List (MLTSSL), STSOL and Regional Occupation List are applicable lists for the new class of persons specified by item 4.
  9. Subsection 8(2) provides that, for the purposes of subsection 7(3), items of the MLTSSL which apply to the classes of persons mentioned in items 1 and 2 of the table in subsection 7(1) are marked with a letter ‘A’ in column 4. These occupations were previously marked with the letter ‘Y’. The effect of subsection 8(2) is that whilst the MLTSSL is an applicable list for all the classes of persons in the table in subsection 7(1), occupations marked ‘A’ are only skilled occupations for the classes of persons in items 1 and 2. The STSOL no longer has a ‘column 4’ as no occupations on the list are restricted to a class of persons mentioned in the table in subsection 7(1).
  10. The Regional Occupation List is set out in the table in subsection 10(1) of Part 2. These occupations are restricted to a new class of persons specified in item 4 of the table in subsection 7(1). The intended effect is to provide a consolidated list of regional occupations available only for state and territory government nominated applicants for the Skilled Regional (Provisional) (subclass 489) visa.
  11. The following occupations have been moved from the MLTSSL to the Regional Occupation List:

Occupation

ANZSCO code

horse breeder

121316

project builder

133112

medical administrator

134211

electrical linesworker

342211

 

12.         The following occupations have been moved from the STSOL to the Regional Occupation List:

Occupation

ANZSCO code

post office manager

142115

fitness centre manager

149112

sports centre manager

149113

aeroplane pilot

231111

flying instructor

231113

helicopter pilot

231114

wine maker

234213

agricultural technician

311111

real estate representative

612115

property manager

612112

 

13.         The following new occupations have been added to the Regional Occupation List:

Occupation

ANZSCO code

public relations manager

131114

policy and planning manager

132411

procurement manager

133612

regional education manager

134412

sports administrator

139915

caravan park and camping ground manager

141211

amusement centre manager

149111

cinema or theatre manager

149912

financial institution branch manager

149914

human resource adviser

223111

workplace relations adviser

223113

policy analyst

224412

liaison officer

224912

market research analyst

225112

ship’s master

231213

multimedia designer

232413

conservation officer

234311

exercise physiologist

234915

vocational education teacher

242211

environmental health officer

251311

intellectual property lawyer

271214

translator

272413

community arts worker

272611

operating theatre technician

311214

pathology collector

311216

construction estimator

312114

surveying or spatial science technician

312116

mechanical engineering draftsperson

312511

safety inspector

312611

maintenance planner

312911

building and engineering technicians (nec)

312999

vehicle painter

324311

floor finisher

332111

zookeeper

361114

nurseryperson

362411

gas or petroleum operator

399212

dental hygienist

411211

dental therapist

411214

emergency service worker

441211

driving instructor

451211

funeral workers (nec)

451399

flight attendant

451711

first aid trainer

451815

jockey

452413

clinical coder

599915

 

14.         In subsection 10 of part 2, the meaning of “SPA” has been updated from “Speech Pathology Association of Australia” to “Speech Pathology Australia”.

15.         The application provision in Part 2 of Schedule 1 to the instruments provides that the repealed instrument continues in force in relation to the following:

  • each person included in a class of persons mentioned in column 1 of  items 1 and 3 in the table in subsection 7(1) of the repealed instrument, if the invitation mentioned in those items is issued before 18 March 2018;
  • a person included in the class of persons mentioned in column 1 of item 2 in the table in subsection 7(1) of the repealed instrument, if the visa application mentioned in that item is made by that person before 18 March 2018.
  1. The subject of this instrument is part of a broad package of reforms for the employer sponsored skilled visa programs, announced by the Government on 18 April 2017, to replace the Subclass 457 visa with the Subclass 482 visa, and make consequential amendments to permanent skilled visas. One element of these reforms was to introduce a list of occupations available for skilled migration to regional Australia, as defined by the Migration Regulations. The Department of Home Affairs has engaged with external stakeholders since the announcement in developing the policy settings and considered feedback received. Some settings of the existing framework have been carried over without amendment, and have not been the subject of consultation.
  2. These reforms were also informed by earlier reviews including: the 2014 Independent Review into the Integrity of the Subclass 457 programme; the 2016 Productivity Commission Inquiry Report: Migrant Intake into Australia; the 2016 Review of the Temporary Skilled Migration Income Threshold; and the 2016 Senate Inquiry A National Disgrace: The Exploitation of Temporary Work Visa Holders. These reviews were subject to extensive consultation processes, including: individuals; academics; bodies and businesses who use the employer sponsored skilled visa programs; migration agents; representatives of foreign governments; the Ministerial Advisory Council on Skilled Migration; and government departments and agencies.
  3. A Regulation Impact Statement has been prepared in accordance with advice from the Office of Best Practice Regulation (OBPR). The OBPR Reference numbers are 21946 and 22132.  
  4. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, this instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
  5. The instrument commences on 18 March 2018.

 

Overview

The Migration (IMMI 18/051: Specification of Occupations and Assessing Authorities) Instrument 2018 was enacted to refine the skilled occupations list and address the specific needs of regional Australia through targeted migration. This instrument was made under the authority of the Migration Regulations 1994 and replaces the previous Migration (IMMI 18/007: Specification of Occupations and Assessing Authorities) Instrument 2017. The primary objective of this instrument is to ensure that the skilled migration program is calibrated to Australia's current economic and regional needs, specifically addressing gaps in regional workforces by creating a Regional Occupation List for the Skilled Regional (Provisional) (subclass 489) visa. The instrument operates to specify skilled occupations for different classes of visa applicants and identifies relevant assessing authorities, thereby providing a more targeted approach to skilled migration that aligns with national and regional development priorities. This instrument is part of a broader suite of reforms introduced by the Australian Government to replace the Subclass 457 visa with the Subclass 482 visa and make consequential amendments to permanent skilled visas. The reforms were developed in consultation with various stakeholders, including industry bodies, academics, and government agencies, and were influenced by reviews such as the 2014 Independent Review into the Integrity of the Subclass 457 programme and the 2016 Productivity Commission Inquiry Report: Migrant Intake into Australia. The policy objective is to ensure that the migration program supports Australia's economic and regional development goals by attracting skilled workers to areas where there are identified shortages.

Scope and Application

The Migration (IMMI 18/051: Specification of Occupations and Assessing Authorities) Instrument 2018 operates under the Migration Regulations 1994 and specifies skilled occupations applicable for various visa classes, including the Skilled Regional (Provisional) (subclass 489) visa for state and territory nominated applicants. It also identifies relevant assessing authorities and the definition of ANZSCO. The instrument repeals the Migration (IMMI 18/007: Specification of Occupations and Assessing Authorities) Instrument 2017 and introduces a Regional Occupation List tailored for regional Australia. It ensures that the entry of skilled foreign workers aligns with Australia's labour market needs, as advised by the Department of Jobs and Small Business. The instrument applies to persons nominated by state or territory governments for the subclass 489 visa, as well as other specified classes of persons for different skilled visa categories. The geographic scope of the instrument is national, affecting all states and territories in Australia. There are no explicit exclusions or exemptions stated in the instrument, though it does specify certain occupations as applicable to particular classes of visa applicants. The application of this instrument may be further defined or amended through subordinate instruments under the Migration Regulations 1994. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and it commenced on 18 March 2018.

Key Provisions

The Migration Regulations 1994, as amended by the instrument IMMI 18/051, specify the skilled occupations relevant to the skilled migration program and designate the relevant assessing authorities. Section 1.03 defines ANZSCO, which is the Australian and New Zealand Standard Classification of Occupations. Subregulation 1.15I(1) specifies skilled occupations for various visa subclasses, while subregulation 2.26B(1) identifies the relevant assessing authorities for these occupations. The instrument specifies the occupations and authorities applicable to each class of persons, including the new class of state and territory government nominated applicants for the Skilled Regional (Provisional) (subclass 489) visa. The obligations imposed by this Act require certain skilled occupations to be specified for different visa subclasses, ensuring that the migration of skilled workers aligns with Australia’s labour market needs. The Act mandates that specific occupations be designated for the Medium and Long-term Strategic Skills List (MLTSSL), Short-term Skilled Occupation List (STSOL), and the newly introduced Regional Occupation List. It also sets out the relevant assessing authorities that must be consulted for assessments of skills and qualifications for these occupations. Additionally, the Act requires that the definition of ANZSCO be specified for regulatory purposes. Failure to comply with the provisions of the Migration Regulations 1994 can lead to various penalties and consequences. Under section 238A of the Migration Act 1958, any person who knowingly makes a false or misleading statement in an application for a visa can face a civil penalty of up to $27,500 for an individual and up to $137,500 for a body corporate. Furthermore, the Immigration Minister can cancel a visa if it was obtained by making a false or misleading statement. For breaches of the Regulations that result in criminal conduct, such as fraud or identity theft, the penalties can include imprisonment, fines, or both, depending on the severity of the offence. The instrument also outlines transitional provisions. For instance, it specifies that the repealed instrument continues to apply to certain visa applications made before 18 March 2018. This ensures that ongoing applications are not disrupted by the changes introduced by the new instrument. The Act also exempts this instrument from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thereby avoiding the need for a Statement of Compatibility with Human Rights.

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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.