Overview

The Migration Regulations 1994, amended by the instrument F2018L00296, address the need to clarify the legislative framework surrounding the specification of occupations eligible for nomination under the subclass 457 (Temporary Work (Skilled)) visa. Enacted by the Australian Parliament, this amendment aims to streamline the process by which certain occupations are recognised for skilled temporary work nominations, ensuring consistency and alignment with current classifications. The policy objective behind this amendment is to enhance the efficiency and accuracy of the nomination process, facilitating better regulation of skilled temporary work in Australia. By removing the reference to a non-disallowable power, the instrument ensures that future amendments can be made under disallowable provisions, thereby maintaining legislative integrity and responsiveness to changing occupational landscapes.

Scope and Application

The IMMI 18/065 instrument made under the Migration Regulations 1994 aims to amend IMMI 13/067, which specifies the occupations eligible for nomination under the Subclass 457 (Temporary Work (Skilled)) visa for positions other than those in the business of the nominator. This instrument applies to the occupations listed in the ANZSCO (Australian and New Zealand Standard Classification of Occupations), which remains defined in another legislative instrument. The instrument's purpose is to ensure that IMMI 13/067 is recognised as a disallowable instrument, facilitating easier future amendments. By removing a reference to a non-disallowable power, the instrument aligns with the disallowable nature of other related regulations. The instrument does not alter the definition of ANZSCO but clarifies the legal framework for referencing it. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. It commenced on 18 March 2018, affecting the eligibility criteria for occupations under the specified visa subclass within the Commonwealth of Australia.

Key Provisions

The main operative sections of the Migration (IMMI 18/065: Amendment of IMMI 13/067) Instrument 2018 (Regulation 1.03) are those that amend the existing regulations. This amendment primarily affects IMMI 13/067, the Specification of Occupations for Nominations in Relation to Subclass 457 (Temporary Work (Skilled)) For Positions other than in the Business of the Nominator. This instrument removes the reference to a non-disallowable power and replaces it with a disallowable power to ensure future amendments can be made without the same procedural hurdles. It also removes the definition of ANZSCO (Australian and New Zealand Standard Classification of Occupations) from regulation 1.03, instead referring to another legislative instrument that defines ANZSCO. Despite this change, the meaning of ANZSCO remains the same, as it is still recognized as the ANZSCO listed on the Australian Bureau of Statistics website issued on 16 June 2013. The obligations and requirements imposed by this Act primarily pertain to the definition and classification of occupations for the purposes of temporary skilled work visas. It mandates that the specifications for nominating occupations in relation to Subclass 457 visas be updated in line with the ANZSCO codes. This ensures that the occupations nominated for skilled temporary work positions are accurately classified and comply with the current standards. The Act also requires that any future amendments to the specifications can be made under disallowable powers, streamlining the process of updating the regulations to reflect changes in occupational classifications and labour market needs. Offences, penalties, or consequences for breaches of the Migration Regulations 1994 are not specifically detailed within this instrument. However, the broader framework under which these regulations operate includes potential civil and criminal penalties for non-compliance. For instance, under the Migration Act 1958, there are provisions that allow for fines and imprisonment for serious breaches, such as providing false or misleading information to obtain a visa. The exact penalties would depend on the nature and severity of the breach, but they can include substantial fines and periods of imprisonment. The instrument itself is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, which means that a Statement of Compatibility with Human Rights is not required for this specific amendment. The amendment ensures that the legislative framework remains flexible and capable of being updated as needed, without the procedural constraints that would apply if it were governed by non-disallowable powers. This change is crucial for maintaining the relevance and effectiveness of the occupational specifications in the context of temporary skilled work visas. The overall effect is to streamline the amendment process while preserving the integrity and clarity of the occupational classifications used in visa nominations.