Overview

The Migration (IMMI 18/062: Amendment of IMMI 13/137) Instrument 2018, made under the Migration Regulations 1994, was enacted to address the issue of maintaining alignment with legislative powers and ensuring the legal validity of the instrument in light of certain disallowable and non-disallowable powers. This amendment to IMMI 13/137, Specification Of Occupations Exempt From Labour Market Testing, was necessitated by the presence of both disallowable and non-disallowable powers within the original instrument, which could have complicated future amendments. By removing the reference to a non-disallowable power, the instrument ensures that it can be fully recognised as a disallowable instrument, simplifying future modifications. This legislative action was undertaken by the Australian Parliament, with the intent to streamline the amendment process and ensure the ongoing effectiveness and compliance of the instrument with legislative standards. The instrument, which amends the definition of ANZSCO under regulation 1.03 of the Regulations by referring to another legislative instrument, was introduced to address the need for clarity and consistency in the application of occupation classifications. This change does not affect the substantive meaning of ANZSCO, which remains the Australian and New Zealand Standard Classification of Occupations as listed on the Australian Bureau of Statistics website. The instrument, exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, commenced on 18 March 2018. A Regulation Impact Statement was prepared in accordance with advice from the Office of Best Practice Regulation, with an OBPR Reference number of 21946.

Scope and Application

The F2018L00292 instrument, IMMI 18/062, pertains to the amendment of IMMI 13/137 under the Migration Regulations 1994, specifically targeting the exemption of certain occupations from labour market testing. The instrument operates within the jurisdictional framework of the Commonwealth of Australia, governing migration-related matters under the Migration Act 1958 and its subordinate regulations. It applies to occupations listed within the Australian and New Zealand Standard Classification of Occupations (ANZSCO) that are exempt from labour market testing, thereby impacting employers, prospective migrants, and relevant government agencies involved in the assessment and processing of migration applications. The instrument's scope is national, affecting all entities and persons engaged in migration activities within Australia. The amendment itself does not alter the meaning of ANZSCO but adjusts the regulatory framework to ensure consistency and compliance with disallowable legislative powers. The instrument is exempt from disallowance as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and as such, no Statement of Compatibility with Human Rights is required.

Key Provisions

The key provision of the instrument IMMI 18/062 is its amendment of IMMI 13/137, which specifies occupations exempt from labour market testing (section 1.03). This amendment is made to allow the entire instrument to be recognised as a disallowable instrument in the future (section 140GBC). The instrument removes the definition of ANZSCO from regulation 1.03 of the Regulations, referring instead to another legislative instrument that defines the term ANZSCO. Despite this amendment, the meaning of ANZSCO remains unchanged and is still recognised as the Australian and New Zealand Standard Classification of Occupations as listed on the Australian Bureau of Statistics website issued on 16 June 2013. The obligations and requirements imposed by this instrument on the parties it governs relate primarily to the classification of occupations under the Australian and New Zealand Standard Classification of Occupations. By amending IMMI 13/137, the instrument ensures that the definition of ANZSCO is consistent across all relevant legislative instruments. This amendment does not alter the meaning of ANZSCO, which remains the classification system as listed on the Australian Bureau of Statistics website. The instrument aims to streamline the process by which occupations are classified and exempted from labour market testing, ensuring that the regulatory framework remains up-to-date and compliant with relevant standards. There are no specified offences, penalties, or consequences for breach in the explanatory statement provided. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As a result, a Statement of Compatibility with Human Rights is not required. The primary focus of the instrument is to ensure that the legislative framework remains consistent and up-to-date, thereby facilitating the efficient administration of the Migration Act 1958 and the Migration Regulations 1994. The instrument, IMMI 18/062, commences on 18 March 2018, marking the effective date of the amendments to IMMI 13/137. This date signifies the point at which the changes outlined in the instrument become legally binding and operational within the legislative framework. The instrument is made under regulation 1.03 of the Migration Regulations 1994, and its primary purpose is to ensure that the regulatory framework remains consistent and up-to-date, thereby facilitating the efficient administration of the Migration Act 1958 and the Migration Regulations 1994. The instrument is exempt from disallowance, and a Statement of Compatibility with Human Rights is not required due to the advice from the Office of Best Practice Regulation.