EXPLANATORY STATEMENT
Migration Regulations 1994
DESIGNATED AREAS
(ITEM 6701 OF SCHEDULE 6)
- This Instrument is made under item 6701 of Schedule 6 of the Migration Regulations 1994 (‘the Regulations’).
2. Item 6701 of Schedule 6 of the Regulations provides that throughout the period of 2 years immediately before Immigration receives the 5 relevant sponsorship, the sponsor has been resident in one or more of the area specified in an Instrument in writing for this item as designated area for the purpose of this item.
3. The purpose of this Instrument is to specify in the Schedule attached to this Instrument by State and Territory and as necessary, by postcode, what is a designated area for the purpose of item 6701 of Schedule 6 to the Regulations.
4. The Instrument operates to specify what areas are designated areas for the Skilled – Designated Area-sponsored and the Skilled – Regional Sponsored visa subclasses. These visa categories provide that an applicant can be sponsored by an Australian relative living in a ‘designated area’. Applicants granted a provisional visa on this basis are subject to a condition that they live, work and study only in a designated area.
5. The Instrument has been updated to include ‘Entire State’ of Western Australia in the Schedule which replaces certain postcodes.
6. Consultation was undertaken before the Instrument was made with the ACT Government’s Chief Minister and Cabinet Directorate.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 12931).
8. This Instrument, IMMI 11/063, commences on 12 September 2011.