Migration (Institutions and Disciplines for Subclass 476) (LIN24/015) Specification 2024

Administered by Department of Home Affairs

Legislation au F2024L00300 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs

Migration Regulations 1994

Migration (Institutions and Disciplines for Subclass 476) (LIN 24/015) Specification 2024

1         The Instrument, departmental reference LIN 24/015, is made under clause 476.212 of the Migration Regulations 1994 (Migration Regulations). 

2         The Instrument repeals Migration Regulations 1994 - Institutions and Disciplines for Subclass 476 (Skilled - Recognised Graduate) Visas (IMMI 14/010) (IMMI 14/010) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

3         The Instrument commences on the day after registration on the Federal Register of Legislation. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Purpose

4         Clause 476.212 of Schedule 2 to the Migration Regulations provides that an applicant for a Subclass 476 (Skilled – Recognised Graduate) visa must have completed a course in the period of 24 months ending immediately before the day on which the application is made; and at an institution specified by the Minister in an instrument in writing for the paragraph, for the award of a degree or higher qualification in a discipline specified in an instrument in writing.

5         The purpose of the Instrument is to specify institutions for the purposes of paragraph 476.212(b) and disciplines for the purposes of clause 476.212 of Schedule 2 to the Migration Regulations. The Instrument operates to enable recent engineering graduates to live, work or study in Australia for up to 18 months, subject to satisfying the criteria for grant of a subclass 476 visa. Graduates must have completed a degree or higher qualification from a specified institution.

6         The Instrument provides that an institution is specified if it is mentioned in column 2 of an item in the table in Schedule 1 to the Instrument. The Instrument also provides that an institution is specified if the institution’s name is published on the website of an accrediting body that is a signatory to the Washington Accord, and that institution conducts a course that is accredited by the accrediting body under the Washington Accord. The website for the Washington Accord provides a list of signatories and a link to the website for each accrediting body, which can be accessed at Signatories » International Engineering Alliance (ieagreements.org)

7         In addition, the Instrument provides that engineering is a specified discipline for the purposes of clause 476.212.

8         The previous instrument dealing with these matters was IMMI 14/010. That instrument commenced on 14 February 2014. Prior to its repeal and replacement by this Instrument, IMMI 14/010 was scheduled to sunset on 1 April 2024.

9         The Instrument repeals IMMI 14/010 and maintains the same policy settings and arrangements as that instrument. The Instrument continues to specify the institutions that will allow a visa applicant with qualifications in engineering to qualify for a Subclass 476 visa, and subject to satisfying the other criteria for grant of the visa. The Instrument does not make any changes to the institutions or the discipline previously specified in IMMI 14/010.

Consultation

10     Section 17 of the Legislation Act requires the rule-maker to be satisfied that any consultation that is considered to be appropriate and reasonably practicable to be undertaken has been. The Department of Home Affairs has undertaken a review of IMMI 14/010. No changes have been identified as necessary to expand the list of institutions beyond those that conduct courses accredited by a signatory to the Washington accord or institutions that were otherwise specified in IMMI 14/010. No external consultation was undertaken or considered necessary because the Instrument substantially replicates existing policy settings and maintains longstanding arrangements in relation to courses accredited under the Washington Accord (to which Australia, represented by Engineers Australia, is a signatory).

11     The Office of Impact Analysis (OIA) was consulted and considered that the instrument dealt with matters of a minor nature and no regulatory statement was required. The OIA reference number is OIA23-05789.

Details of the instrument

12     Section 1 sets out the name of the instrument.

13     Section 2 provides that the Instrument commences on the day after registration on the Federal Register of Legislation.

14     Section 3 provides that the Instrument is made under clause 476.212 of Schedule 2 to the Migration Regulations.

15     Section 4 provides definitions for certain terms used in the Instrument.

16     Section 5 provides that Migration Regulations 1994 – Institutions and Disciplines for Subclass 476 (Skilled – Recognised Graduate) Visas – IMMI 14/010 is repealed. The Instrument maintains the existing policy arrangements that are still considered necessary under IMMI 14/010, which would otherwise have sunset on 1 April 2024 by operation of section 50 of the Legislation Act.

17     Section 6 provides that a course that an applicant has completed in the period of 24 months the application was made is specified, for subclause 476.212(b) of Schedule 2 to the Migration Regulations, if:

  • the institution is mentioned in column 2 of an item in the table in Schedule 1 to the instrument; or
  • the institution:
    • is an institution whose name is published on the website of an accrediting body that is a signatory to the Washington Accord; and
    • conducts a course that is accredited by that accrediting body under the Washington Accord.

18     Details of the accrediting bodies and signatories to the Washington Accord are publicly available on the website of the Washington Accord - Washington Accord » International Engineering Alliance (ieagreements.org).

19     Section 7 provides that Engineering is a specified discipline for the purpose of clause 476.212 of Schedule 2 to the Migration Regulations.  

20     Schedule 1 to the instrument provides a list of institutions for the purpose of section 6 of the Instrument.

Parliamentary scrutiny etc. 

21     The Instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Schedule 2 to the Migration Regulations is prescribed under item 20(b) of section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 as an instrument not subject to disallowance.

22     As the Instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.

23     The Instrument was made by a delegate of the Minister, in accordance with clause 476.212 of Schedule 2 to the Migration Regulations.

Overview

The Migration Regulations 1994 (Migration Regulations) were amended by the Migration (Institutions and Disciplines for Subclass 476) (LIN 24/015) Specification 2024, enacted to address the need for updated specifications of institutions and disciplines for the Subclass 476 (Skilled – Recognised Graduate) visas. This legislative instrument was made under the authority of the Minister for Immigration, Citizenship and Multicultural Affairs, and it serves to replace the previous Migration Regulations 1994 - Institutions and Disciplines for Subclass 476 (Skilled – Recognised Graduate) Visas (IMMI 14/010), which was set to sunset on 1 April 2024. The policy objective is to maintain the existing policy settings and longstanding arrangements regarding the courses accredited under the Washington Accord, ensuring that eligible engineering graduates can continue to apply for these visas. The new Instrument specifies the institutions and disciplines that meet the criteria for a Subclass 476 visa, thereby facilitating the process for recent graduates to live, work, or study in Australia for up to 18 months.

Scope and Application

The Migration Regulations 1994 - Institutions and Disciplines for Subclass 476 (Skilled – Recognised Graduate) Visas (LIN 24/015) Specification 2024 applies to individuals seeking a Subclass 476 visa, which allows skilled engineering graduates to live, work, or study in Australia for up to 18 months. The Instrument specifies eligible educational institutions and disciplines, ensuring that applicants have completed a relevant degree or higher qualification from a recognised institution. The specified institutions include those listed in Schedule 1 of the Instrument and those whose names are published on the website of an accrediting body that is a signatory to the Washington Accord, provided the institution conducts an accredited course under the Washington Accord. Engineering is designated as a specified discipline under this Instrument. The Instrument operates nationally across Australia and maintains existing policy settings and arrangements that were previously set out in IMMI 14/010, which was repealed and replaced by this Instrument. No changes have been made to the list of institutions or the specified discipline, and the Instrument is exempt from disallowance, with no requirement for a Statement of Compatibility with Human Rights.

Key Provisions

The primary sections of the Migration (Institutions and Disciplines for Subclass 476) (LIN 24/015) Specification 2024 (the Instrument) detail the institutions and disciplines eligible for the Subclass 476 visa, which is designed for skilled recognised graduates. Section 6 specifies that a course is eligible if it is completed at an institution listed in Schedule 1 or an institution whose name appears on the website of an accrediting body that is a signatory to the Washington Accord and conducts a course accredited by that body under the Washington Accord. Section 7 specifies that engineering is a discipline eligible for the subclass 476 visa. These provisions are essential for applicants who wish to qualify for the visa based on their educational background and the institution from which they graduated. The Instrument imposes specific obligations on parties involved, particularly on applicants for the Subclass 476 visa. Applicants must ensure that their completed course meets the criteria outlined in Section 6, meaning it must have been undertaken at a specified institution. This includes institutions listed in Schedule 1 or those accredited by a signatory to the Washington Accord. Furthermore, applicants must verify that their course is in a discipline specified by the Instrument, currently engineering. These obligations ensure that applicants meet the necessary educational requirements to qualify for the visa. The Instrument does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, failure to meet the requirements for the Subclass 476 visa, such as not having completed a course from a specified institution or in a specified discipline, could lead to the visa application being rejected. Although no specific penalties are mentioned in the text, the implications of a rejected application could include the inability to live, work, or study in Australia under the terms of the subclass 476 visa. Given the nature of immigration regulations, further consequences could potentially arise if non-compliance is linked to broader immigration law violations.

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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.