EXPLANATORY STATEMENT

                                            Migration Regulations 1994

SPECIFICATION OF OCCUPATIONS

(SUBPARAGRAPHS 2.72(10)(a) and 2.72I(5)(b))

1. This Instrument is made under subparagraphs 2.72(10)(a) and 2.72I(5)(b) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Regulations 2.72 and 2.72I of the Regulations set out the criteria for approval of a nomination in relation to the holder of, or an applicant or proposed applicant for, a Subclass 457 (Business (Long Stay)) visa and a Subclass 442 (Occupational Trainee) visa, respectively.
 

3.                  Paragraph 2.72(10)(a) provides that if the person is a standard business sponsor, the Minister must be satisfied that the nominated occupation corresponds to an occupation specified by the Minister in an instrument in writing for that paragraph.  The purpose of this provision is to ensure that only applicants who have a particular skilled occupation are able to be nominated for a Subclass 457 (Business (Long Stay)) visa.

4.                  Regulation 2.72I applies to a person who is an occupational trainee sponsor who has nominated an occupation, program or activity in relation to a holder of, or an applicant or proposed applicant for, a Subclass 442 (Occupational Trainee) visa.  This provision specifies the criteria that the occupational training must meet for a nomination to be approved.
 

5.                  Subparagraph 2.72I(5)(b) relates to occupational training to enhance skills and provides that the nominated occupational training is in relation to an occupation specified by the Minister in an instrument in writing for that paragraph. 

6.                  The Instrument operates to specify the occupations which can be nominated under the Subclass 457 (Business (Long Stay)) visa arrangements.  It also operates to specify the occupations that occupational training must relate to for occupational training which is to enhance the skills of the holder of, applicant or proposed applicant for a Subclass 442 (Occupational Trainee) visa.

7.                  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

8.                  The Regulations under which this instrument is made were developed in consultation with:

• a selection of industry peak bodies, unions, and State Governments through the Skilled Migration Consultative Panel;
• Department of Foreign Affairs and Trade;
• Department of Education, Employment and Workplace Relations;
• the Treasury;
• Attorney General’s Department;
• Australian Taxation Office;
• Migration Review Tribunal;
• the Office of the Privacy Commissioner; and
• the Attorney General’s Department.

9.                  The Instrument, IMMI 09/094, commences on 14 September 2009.