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

Overview

The Migration Amendment Regulations (No. 5) 2009 and the Migration Amendment Regulations (No. 5) Amendment Regulations (No. 1) 2009 were enacted to bring temporary work visas under a new enforceable sponsorship framework. These legislative instruments were developed under the authority of the Migration Act 1958 and the Migration Regulations 1994, respectively, by the Australian Parliament. The revocation of certain instruments under these regulations, as specified in IMMI 09/105, was designed to streamline and update the administrative processes associated with sponsorship applications and visa applications. The stated policy objective is to ensure that these changes support the intended legislative amendments, which are set to commence on 14 September 2009, and that they do not substantially alter existing arrangements. Given the nature of the changes, consultation was deemed unnecessary under section 18(1) of the Legislative Instruments Act 2003, as the revocation is considered to be of a minor or machinery nature.

Scope and Application

This instrument, IMMI 09/105, pertains to the revocation of certain instruments under the Migration Regulations 1994, specifically targeting the requirements and procedures for sponsorship applications and minimum salary levels in the context of temporary work visas. The revocation affects the processes and conditions for sponsorship approval, such as the submission of applications to specified addresses and the tasks of sponsored activities, as detailed under various regulations. This instrument is applicable to entities and individuals who are sponsors or applicants for temporary work visas, as well as those involved in the administration of these visas within the framework of the Migration Act 1958 and its subordinate regulations. The instrument operates within the Commonwealth jurisdiction, as it directly references and amends the Migration Regulations 1994, which are part of federal legislation. It does not introduce any new exclusions or exemptions but rather simplifies the application processes by removing specific procedural requirements previously in place. The revocation takes effect on 14 September 2009, aligning with the commencement of other amendments aimed at integrating temporary work visas into the new enforceable sponsorship framework.

Key Provisions

The primary sections of the legislation in question focus on the revocation of specific instruments made under the Migration Regulations 1994, which have been identified by their unique regulation numbers and paragraphs. These instruments pertain to various aspects of migration sponsorship, including the calculation of the minimum salary level for sponsored workers (Regulation 1.20B), requirements for business and professional development sponsors (Regulations 1.20CB(1)(i) and 1.20N(4)), alignment of sponsored activities with occupations specified in a Gazette Notice (Regulations 1.20G(2) and 1.20GA(1)(a)(i)), and submission protocols for sponsorship applications (Paragraphs 1.20UC(4)(a) and (b), Sub-subparagraph 1205(2)(a)(ii)(B), Subparagraphs 1205(3)(c)(i), (ii), and (iii), and Paragraph 1220B(3)(b)). The revocation of these instruments aligns with the forthcoming amendments aimed at integrating temporary work visas into a new enforceable sponsorship framework. Under these regulations, various obligations are imposed on the parties or entities they govern. For example, standard business sponsors must ensure that sponsored workers are paid at least the minimum salary level specified in a Gazette Notice when such a minimum is in force (Regulation 1.20CB(1)(i)). Additionally, applications for sponsorship approval must adhere to specific submission protocols, such as being sent by mail, courier, or facsimile to an address specified by the Minister in a Gazette Notice (Regulations 1.20N(4), Paragraphs 1.20UC(4)(a) and (b), Subparagraphs 1205(3)(c)(i), (ii), and (iii), and Paragraph 1220B(3)(b)). These regulations ensure that the processes for sponsorship and the conditions for sponsored workers are clearly defined and consistently enforced. In terms of penalties and consequences, the document does not specify the penalties for breaches of these regulations. However, it is important to note that non-compliance with migration regulations can lead to serious repercussions, including the revocation of sponsorship approvals, fines, and potential legal action against the offending party or entity. The seriousness of these consequences underscores the importance of adhering to the requirements set forth in the Migration Regulations 1994 and the associated Gazette Notices. Compliance is critical to ensuring that the migration sponsorship framework operates effectively and fairly.