Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019

Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019

made under subregulations 2.72(13) and 2.72C(14) of the

Migration Regulations 1994

Compilation No. 1 

Compilation date: 7 December 2024

Includes amendments up to: Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024
(F2024L01621)

About this compilation

This compilation

This is a compilation of the Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019 that shows the text of the law as amended and in force on 7 December 2024 (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 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 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1  Name

3  Authority

4  Definitions

Part 2—Exempt occupations

6  Specified occupations

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 (LIN 19/212: Specification of Exempt Occupations) Instrument 2019.

 (2) This instrument may be cited as LIN 19/212.

3  Authority

This instrument is made under subregulations 2.72(13) and 2.72C(14) of the Regulations.

4  Definitions

In this instrument:

ANZSCO means:

 (a) for paragraphs 6(1)(a), (b), (c) and (f) and a corresponding reference in subsection 6(3)—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;

 (b) for paragraphs 6(1)(d), (g) and (h) and a corresponding reference in subsection 6(3):

 (i) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013, for an application for a Subclass 482 (Skills in Demand) visa associated with a nomination lodged before 7 December 2024;

 (ii) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022, for all other applications;

 (c) for paragraph 6(1)(e) and a corresponding reference in subsection 6(3):

 (i) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013, for a nomination relating to the Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;

 (ii) the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022, for a nomination relating to the Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream;

 (d) for paragraph 6(1)(i) and a corresponding reference in subsection 6(3)—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013;

 (e) for subsection 6(2) and a corresponding reference in subsection 6(3)—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.

nec is short for ‘not elsewhere classified’.

Regulations means the Migration Regulations 1994.

Part 2—Exempt occupations

6  Specified occupations

 (1) For the purposes of subregulation 2.72(13) of the Regulations, an occupation listed in column 1 of an item of the table in subsection (3) (for which an ANZSCO code is listed in column 2 of the item) is specified for the purposes of the following provisions of the Regulations:

 (a) paragraphs 2.72(11)(c) and 2.72(12)(c);

 (b) subregulation 2.73(13);

 (c) paragraphs 2.73(14)(c) and 2.73(14A)(c);

 (d) paragraph 2.86(2A)(b) and subregulation 2.86(2AA);

 (e) subregulation 5.19(7);

 (f) subclause 186.227(2) of Schedule 2 to the Regulations;

 (g) clauses 482.223 and 482.233 of Schedule 2 to the Regulations;

 (h) paragraph 8607(3)(a) of Schedule 8 to the Regulations;

 (i) paragraph 5.19(5A)(f).

 (2) For the purposes of subregulation 2.72C(14) of the Regulations, an occupation listed in column 1 of an item of the table in subsection (3) (for which an ANZSCO code is listed in column 2 of the item) is specified for the purposes of the following provisions of the Regulations:

 (a) paragraph 2.72C(13)(b);

 (b) subregulation 2.73B(11);

 (c) paragraphs 2.73B(12)(c), 2.86(2B)(b) and 2.86(2BA)(b);

 (d) clause 494.222 of Schedule 2;

 (e) paragraph 8608(3)(a) of Schedule 8.

 (3) For the purposes of subsections (1) and (2), the following is the table:

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history