EXPLANATORY STATEMENT
Migration Regulations 1994
MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE
TEMPORARY BUSINESS LONG STAY VISA
NOTICE 2009
(REGULATION 1.20B, PARAGRAPH 1.20CB(1)(i), SUBREGULATION 1.20G(2) AND SUBPARAGRAPH 1.20GA(1)(a)(i))
- This instrument is made under regulations 1.20B, paragraph 1.20CB(1)(i), subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.20B of the Regulations defines the minimum salary level to be paid to certain persons who are granted a Subclass 457 (Business (Long Stay)) visa as a level of salary worked out in a way specified in a Gazette Notice. Paragraph 1.20CB requires standard business sponsors to undertake to pay a sponsored person at least the gazetted minimum salary defined by regulation 1.20B of the Regulations. Subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Regulations provide that the tasks of positions for which applicants for Subclass 457 visas are nominated by employers must correspond to the tasks of an occupation specified in a Gazette Notice for the relevant provision.
3. The purpose of this Instrument is to change the occupations specified for regulation 1.20GA of the Regulations to exclude ASCO 5 to 7 occupations from the Subclass 457 visa program where they were previously allowed in certain regional areas.
4. The reason for this change is that the ASCO 5 to 7 caseload is being diverted to the Labour Agreement pathway where the associated risks may be more effectively managed by my Department in concert with the Department of Education, Employment and Workplace Relations.
5. The following document is incorporated in the Instrument by reference:
- Australian Standard Classification of Occupations (ASCO) Second Edition, 1997, available at http://www.abs.gov.au/AUSSTATS
6. On advice from my department I consider that, having regard to section 18 of the Legislative Instruments Act 2003, consultations were not necessary or were inappropriate as this instrument relates to employment.
7. This Instrument, IMMI 09/032 commences on 15 May 2009.