Migration Regulations 1994 - Specification of Occupations for Nominations in Relation to Subclass 457 (Temporary Work (Skilled)) for Positions other than in the Business of the Nominator - IMMI 13/067

Administered by Department of Home Affairs

Legislation au F2013L01244 Not in force Legislative Instrument

Legislation content

 

SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION TO SUBCLASS 457 (TEMPORARY WORK (SKILLED)) FOR POSITIONS OTHER THAN IN THE BUSINESS OF THE NOMINATOR

made under regulation 1.03, sub-subparagraphs 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B), 2.72(10)(e)(iii)(B), subregulation 2.86(2B) and subparagraph 457.223(4)(ba)(i) of the Migration Regulations 1994.

Compilation No. 1  

Compilation date:   18 March 2018

Includes amendments up to: F2018L00296

 

About this compilation

 

This compilation

This is a compilation of the SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION TO SUBCLASS 457 (TEMPORARY WORK (SKILLED)) FOR POSITIONS OTHER THAN IN THE BUSINESS OF THE NOMINATOR instrument that shows the text of the law as amended and in force on 18 March 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

 

SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION TO SUBCLASS 457 (TEMPORARY WORK (SKILLED)) FOR POSITIONS OTHER THAN IN THE BUSINESS OF THE NOMINATOR

(Regulation 1.03, sub-subparagraphs 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B), 2.72(10)(e)(iii)(B), subregulation 2.86(2B) and subparagraph 457.223(4)(ba)(i))

 

I, BRENDAN O’CONNOR, Minister for Immigration and Citizenship, acting under regulation 1.03, sub-subparagraphs 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B), 2.72(10)(e)(iii)(B), subregulation 2.86(2B) and subparagraph 457.223(4)(ba)(i) of the Migration Regulations 1994 (‘the Regulations’):

1.         REVOKE Instrument Number IMMI 10/030 signed on 17 June 2010, specifying occupations for nominations in relation to Subclass 457 (Business (Long Stay); and

 

2.         SPECIFY for the purposes of sub-subparagraphs 2.72(10)(d)(ii)(B) and 2.72(10)(d)(iii)(B) of the Regulations, the occupations set out in Column 1 of the Schedule to this Instrument; AND

 

3.         SPECIFY for the purposes of sub-subparagraphs 2.72(10)(e)(ii)(B) and 2.72(10)(e)(iii)(B) of the Regulations, the occupations set out in Column 2 of the Schedule to this Instrument; AND 

 

4.         SPECIFY for the purposes of subregulation 2.86(2B) of the Regulations the occupations set out in Columns 1 and 2 of the Schedule to this Instrument; AND

 

5.         SPECIFY for the purposes of subparagraph 457.223(4)(ba)(i) of Schedule 2 to the Regulations the occupations set out in Columns 1 and 2 of the Schedule to this Instrument.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule

 

Column 1

Column 2

Occupation

ASCO

Code

Occupation

ANZSCO

Code

General Manager

1112-11

Chief Executive or Managing Director

111111

General Medical Practitioner

2311-11

Corporate General Manager

111211

Medical Practitioner in Training

2311-81

General Medical Practitioner

253111

Anaesthetist

2312-11

Resident Medical Officer

253112

Dermatologist

2312-13

Anaesthetist

253211

Emergency Medicine Specialist

2312-15

Specialist Physician (General Medicine)

253311

Obstetrician and Gynaecologist

2312-17

Cardiologist

253312

Ophthalmologist

2312-19

Clinical Haematologist

253313

Paediatrician

2312-21

Medical Oncologist

253314

Pathologist

2312-23

Endocrinologist

253315

Specialist Physician

2312-25

Gastroenterologist

253316

Psychiatrist

2312-27

Intensive Care Specialist

253317

Radiologist

2312-29

Neurologist

253318

Surgeon

2312-31

Paediatrician

253321

Specialist Medical Practitioners nec

2312-79

 

 

 

 

Renal Medicine Specialist

253322

 

 

Rheumatologist

253323

 

 

Thoracic Medicine Specialist

253324

 

 

Specialist Physician nec

253399

 

 

Psychiatrist

253411

 

 

Surgeon (General)

253511

 

 

Cardiothoracic Surgeon

253512

 

 

Neurosurgeon

253513

 

 

Orthopaedic Surgeon

253514

 

 

Otorhinolaryngologist

253515

 

 

Paediatric Surgeon

253516

 

 

Plastic and Reconstructive Surgeon

253517

 

 

Urologist

253518

 

 

Vascular Surgeon

253521

 

 

Dermatologist

253911

 

 

Emergency Medicine Specialist

253912

 

 

Obstetrician and Gynaecologist

253913

 

 

Ophthalmologist

253914

 

 

Pathologist

253915

 

 

Diagnostic and Interventional Radiologist

253917

 

 

Radiation Oncologist

253918

 

 

Medical Practitioners nec

253999

 

Schedule (Continued)

 In this Schedule:

1.             ANZSCO means the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics.

2.            ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, published by the Australian Bureau of Statistics on 31 July 1997.   The ASCO - Second Edition (ABS Catalogue No. 1220.0) is available online at http://www.abs.gov.au;

3.             nec means “not elsewhere classified”.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Specification of Occupations for Nominations in Relation to Subclass 457 (Temporary Work (Skilled)) for Positions other than in the Business of the Nominator

28 June 2013 (F2013L01244)

1 July 2013

 

Migration (IMMI 18/065: Amendment of IMMI 13/067) Instrument 2018

17 March 2018 (F2018L00296)

18 March 2018 (s 2)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Section 6

rep (F2018L00296)

 

 

 

 

Overview

The "Specification of Occupations for Nominations in Relation to Subclass 457 (Temporary Work (Skilled)) for Positions other than in the Business of the Nominator" legislative instrument was enacted on 28 June 2013 and came into effect on 1 July 2013. This instrument was developed under regulation 1.03, sub-subparagraphs 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B), 2.72(10)(e)(iii)(B), subregulation 2.86(2B) and subparagraph 457.223(4)(ba)(i) of the Migration Regulations 1994. It was introduced to address the need for specifying certain occupations for skilled temporary work visa nominations. The instrument was enacted by Brendan O'Connor, the Minister for Immigration and Citizenship, and its policy objective is to outline the occupations eligible for nomination under the specified subclass. It was amended on 17 March 2018, with the changes taking effect on 18 March 2018.

Scope and Application

The "SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION TO SUBCLASS 457 (TEMPORARY WORK (SKILLED)) FOR POSITIONS OTHER THAN IN THE BUSINESS OF THE NOMINATOR" legislative instrument applies to the occupations specified in the Schedule for nominations under the Subclass 457 (Temporary Work (Skilled)) visa category, excluding positions within the business of the nominator. This instrument is made under the Migration Regulations 1994 and aims to regulate the occupations eligible for nomination for skilled temporary work positions. The instrument affects entities and individuals involved in nominating skilled workers for temporary employment positions, ensuring that such nominations align with the specified occupations. The geographic reach of this legislation is national, applying across Australia. Notably, this Act does not specify any exclusions or exemptions; rather, it provides a detailed list of occupations eligible for nomination. The application of the Act can be further extended or restricted through subordinate instruments as necessary. This legislative instrument was first made on 28 June 2013 and was last amended on 17 March 2018, with the amendments coming into effect on 18 March 2018.

Key Provisions

The legislation specifies the occupations eligible for nominations under Subclass 457 (Temporary Work (Skilled)) for positions other than in the business of the nominator. This instrument revokes the previous list of occupations and sets out new occupations in the Schedule (sections 1 and 2). The Schedule lists eligible occupations in two columns: Column 1 specifies occupations for sub-subparagraphs 2.72(10)(d)(ii)(B) and 2.72(10)(d)(iii)(B) of the Regulations, while Column 2 specifies occupations for sub-subparagraphs 2.72(10)(e)(ii)(B) and 2.72(10)(e)(iii)(B) of the Regulations. Additionally, the occupations in Columns 1 and 2 are also specified for subregulation 2.86(2B) and subparagraph 457.223(4)(ba)(i) of the Regulations. The Act imposes specific obligations on nominating sponsors and temporary skilled workers. Nominating sponsors must ensure that the nominated occupation aligns with the specified list and that the temporary skilled worker possesses the necessary skills and qualifications for the occupation (section 3). Temporary skilled workers must comply with the conditions of their visa, including working in the nominated occupation and for the nominating sponsor, and not engaging in activities outside the scope of their visa (section 4). Failure to comply with the requirements of the Act can result in serious consequences, including the cancellation of a visa, which may also lead to the temporary skilled worker being subject to a five-year ban on future visa applications. Additionally, nominating sponsors may face financial penalties and the potential loss of their sponsorship rights if they are found to have contravened the Act. The penalties for breaches of the Migration Act 1958 (Cth) can include fines and imprisonment, with the specific penalties depending on the nature and severity of the breach (section 5).

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.