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) exclude heavy truck drivers (other than heavy truck drivers working primarily on mining or construction sites), furniture removalists, automobile drivers and delivery drivers from the list of eligible occupations at Schedule C; and
(ii) make explicit the mutual exclusivity of Schedules C and D to the Instrument.
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. In accordance with section 17 of the Legislative Instruments Act 2003, Trucking Industry experts were consulted and recommended removing Truck Drivers (Heavy Truck Drivers and Furniture Removalists) from this Instrument.
7. This Instrument, IMMI 08/021, commences on 1 July 2008.