EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under regulation 1.20B, subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 (‘the Regulations’)
2. Regulation 1.20B defines the minimum salary to be paid to persons seeking to be granted a Subclass 457 (Business (Long Stay)) visa as that specified in a gazette notice. 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 correspond to the tasks of an occupation specified in a gazette notice
3. The purpose of the Instrument is to rectify the previous instrument whereby some occupations were inadvertently omitted. This instrument therefore revokes the previous instrument signed on 17 March 2005. Other than including the additional occupations, the instrument addresses identical issues asto those outlinedaddressed in the notice signed on 17 March 2005 which specified specify the minimum salary levels and the list of ooccupations which apply under the above regulations.
4. Section 18 of the Legislative Instruments Act 2003 recognises that, in certain circumstances, the nature of the instrument may be such that consultation may be either unnecessary or inappropriate. As this instrument is minor or machinery in nature and does not substantially change the law, consultation was not undertaken.
4. 54Pursuant to section 17 of the Legislative Instruments Act 2003, consultation was undertaken before the instrument was made, as follows:
The Department of Employment and Workplace Relations was consulted about the appropriate minimum salary level.
The Department of Communications, Information Technology and the Arts was consulted about employment prospects in the information and communications technology sector
5. The instrument commences on 9 April 2005, being the day after the instrument signed on 17 March 2005 commenced. This retrospective commencement does not infringe subsection registration on the Federal Register of Legislative Instruments.12(2) of the Legislation Instruments Act 2003 as it will operate beneficially in respect of all affected persons by including occupations previously omitted.