EXPLANATORY STATEMENT
Migration Regulations 1994
MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE
BUSINESS LONG STAY VISA
(REGULATIONS 1.20B, 1.20G(2)AND 1.20GA(1)(a)(i))
- This Instrument is made under regulations 1.17 and 1.20B, subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.20B of the Regulations provides that the term minimum salary level will be defined in a Gazette Notice.
3. 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 their sponsoring employers must correspond to the tasks of an occupation specified in a gazette notice.
4. The purpose of this Instrument is to define in the Business Long Stay programme:
(i) minimum salary levels for different skilled occupations (ie general or Information and Communication Technology (ICT));
(ii) minimum salary levels for non-regional and regional Australia; and
(iii) skilled occupations that may be nominated by an approved sponsor.
5. The Instrument operates to specify:
(i) certain skilled occupations as defined by the Australian Standard Classification of Occupations, second edition.
(ii) minimum salary levels that apply under regional and non-regional streams of the Subclass 457 programme calculated on a maximum 38 hour week and excluding non-salary items.
(iii) minimum salary levels for different skilled occupations (ie general or ICT).
6. The following document is incorporated in the Instrument by reference:
- The Australian Standard Classification of Occupations (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats .
7. Consultation was undertaken before the Instrument was made as follows:
- The Department of Employment and Workplace Relations was consulted on the constitution of the list of occupations and the minimum salary levels in both regional and non-regional areas of Australia.
- The Department of Communications, Industry, Technology and the Arts was consulted on the constitution of the list of occupations and minimum salary levels for workers in the Information and Communications Technology (ICT) sector in non-regional areas of Australia.
- The IT Contract and Recruitment Association, the Australian Information Industry Association and the Australian Chamber of Commerce and Industry were consulted on the constitution of the list of occupations and minimum salary levels for workers in the Information and Communications Technology (ICT) sector for non-regional areas of Australia.
8. The Instrument, IMMI 06/036, takes effect on 1 July 2006.