EXPLANATORY STATEMENT
Migration Regulations 1994
MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE TEMPORARY BUSINESS LONG STAY VISA
(REGULATION 1.20B, SUBREGULATION 1.20G(2) AND SUBPARAGRAPH 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 defines the minimum salary level to be paid to certain persons who are 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 must correspond to the tasks of an occupation specified in a Gazette Notice for the relevant provision.
3. The Instrument specifies, among other things, the methodology for calculating the minimum salary level using a salary formula, definitions and illustrative examples.
4. The purpose of this Instrument is to:
(i) update and clarify the methodology for calculating the level of salary for the purposes of defining the minimum salary level including inserted further definitions;
(ii) update and simplify the illustrative examples to assist employers and visa holders in determining whether or not the level of salary paid to the visa holder is at least the minimum salary level.
5. The following document is incorporated in the Instrument by reference:
- Australian Standard Classification of Occupations (ASCO) Second Edition, 1997, available at http://www.abs.gov.au/AUSSTATS
6. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary.
7. This Instrument, IMMI 07/078, commences on the day after registration on the Federal Register of Legislative Instruments.