EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulations 1.17 and 1.03 of the Migration Regulations 1994 (‘the Regulations’).
2. Section 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Section 1.03 of the Regulations defines the term “migration occupation in demand” to mean a skilled occupation that is specified by Gazette Notice as a migration occupation in demand.
4. The purpose of the Instrument is to specify skilled occupations as migration occupations in demand for the purposes of the definition of “migration occupation in demand” in regulation 1.03 of the Regulations. The Instrument specifies occupations by the Australian Standard Classification of Occupations (ASCO) code.
5. The Migration Occupations in Demand List (MODL) is a mechanism used to facilitate the entry of migrants with particular specialist skills who are applying for permanent residence. Only those occupations where a significant shortage of skills in the Australian labour market has been identified are included on the MODL. Applicants applying under the General Skilled Migration Program for a permanent points tested visa who nominate an occupation on the MODL are eligible for the award of an additional 15 or 20 points (if there is a full time job offer and other requirements are met) under the general points test. Such visa applications are given priority processing.
6. The Instrument was made in response to the Government’s assessment of the needs of the Australian labour market and decision to address skills shortages in a range of occupations.
7. This Instrument does not substantially alter existing arrangements. Extensive consultations were conducted as part of the Cabinet process to implement these changes.
8. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).