Migration Regulations 1994 - Revocation of instruments under regulation 1.20B, 1.20G(2), 1.20N(4), paragraph 1.20CB(1)(i), 1.20GA(1)(a)(i), 1.20UC(4)(a) & (b), 1205(3)(c)(i), (ii), & (iii), 1205(2)(a)(ii)(B), 1220B(3)(b) - September 2009

IMMI 09/105

EXPLANATORY STATEMENT

Migration Regulations 1994

REVOCATION OF INSTRUMENTS

(REGULATION 1.20B, PARAGRAPH 1.20CB(1)(i), SUBREGULATION 1.20G(2), SUB-SUBPARAGRAPH 1.20GA(1)(a)(i), SUBREGULATION 1.20N(4), PARAGRAPHS 1.20UC(4)(a) and (b), SUB-SUB-SUBPARAGRAPH 1205(2)(a)(ii)(B), SUB-SUBPARAGRAPHS 1205(3)(c)(i), (ii), and (iii) and PARAGRAPH 1220B(3)(b))

1. This instrument is made under regulation 1.20B, subparagraph 1.20CB(1)(i), subregulation 1.20G(2), sub-subparagraph 1.20GA(1)(a)(i), subregulation 1.20N(4), paragraphs 1.20UC(4)(a) and (b), subparagraphs 1205(3)(c)(i), (ii), and (iii), sub-sub-subparagraph 1205(2)(a)(ii)(B), and paragraph 1220B(3)(b) of the Migration Regulations 1994 (the ‘Regulations’).
2. Regulation 1.20B of the Regulations provides that for the purposes of Division 1.4A the definition of “minimum salary level” will be calculated in the manner specified in a Gazette Notice for the purpose of the “minimum salary level” definition.
3. Paragraph 1.20CB(1)(i) of the Regulations provides that for the purposes of subsection 140J(1) of the Migration Act 1958, an applicant for approval as a standard business sponsor must undertake to ensure that in circumstances where there is a gazetted minimum salary in force in relation to the nominated position occupied by the sponsored person, the sponsored person will be paid the minimum salary level specified in the Gazette Notice.
4. Subsection 1.20G(2) of the Regulations provides that the tasks of the activity for which a person mentioned in paragraph 1.20G(1)(b), (c), (d) or (e) refers must correspond to the tasks of an occupation specified in a Gazette Notice.
5. Sub-subsection 1.20GA(1)(a)(i) of the Regulations provides that the tasks of the activity for which a person mentioned in subregulation 1.20GA(2) refers must correspond to the tasks of an occupation specified in a Gazette Notice.
6. Subregulation 1.20N(4) of the Regulations provides that an application for approval as a professional development sponsor made under subsection 140F(1) of the Act must be made either by mail or by courier or hand delivery to an address specified by the Minister in a Gazette Notice.
7. Paragraphs 1.20UC(4)(a) and (b) of the Regulations provides that an application for approval as a sponsor of a person designated under regulation 2.07AO in relation to a visa subclass or circumstance listed in paragraph 1.20UC(1)(a) or (b), must be made either by mail or by courier to an address specified by the Minister in a Gazette Notice.
8. Sub-subparagraph 1205(2)(a)(ii)(B) of the Regulations provides that an applicant meets the requirements of subparagraph 1205(2)(a)(ii) if the applicant is sponsored to enter Australia for the purpose of performing at a festival specified by the Minister in a Gazette Notice.
9. Subparagraphs 1205(3)(c)(i), (ii) and (iii) of the Regulations provides that an application made by a person seeking to satisfy the criteria for the grant of a Subclass 420 (Entertainment) visa must be accompanied by a completed form 148, which must lodged either by mail or by courier or facsimile to an address specified by the Minister in a Gazette Notice.
10. Subparagraph 1220B(3)(b) of the Regulations provides that an application for a Subclass 470 (Professional Development) visa must be made either by mail, or courier, or facsimile to an address specified by the Minister in a Gazette Notice.
11. The purpose of this Instrument is to revoke the Instruments made under the powers listed in the above paragraphs 2 to 10.
12. The Instrument supports the amendments made by the Migration Amendment Regulations (No. 5) 2009 and the Migration Amendment Regulations (No. 5) Amendment Regulations (No. 1) 2009, which are scheduled to commence on 14 September 2009. 
13. The amendments made by the Migration Amendment Regulations (No. 5) 2009 and the Migration Amendment Regulations (No. 5) Amendment Regulations (No. 1) 2009 propose to bring the temporary work visas into the new enforceable sponsorship framework.
14. Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
15. The instrument IMMI 09/105 commences at 23:59 on 13 September 2009.