EXPLANATORY STATEMENT

Migration Regulations 1994

1. This Instrument is made under regulation 1.17 of Part 1 and items 6A1001 and 6A1002 of Schedule 6A to the Migration Regulations 1994 (‘the Regulations’).

2. Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purpose of those provisions. 

3. Schedule 6A to the Regulations sets out the qualifications and points for the general points test as it applies to the skilled migration visas.  Relevantly, Part 10 of Schedule 6A sets out how additional points may be gained by people who have studied in regional Australia and low-population growth metropolitan areas.  In particular, item 6A1001 provides that if an applicant:

• has met the requirements for award of a degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by an Australian educational institution specified in a Gazette Notice as a result of at least 2 years of full time study at a campus of that institution; and
• the location of the campus is specified in a Gazette Notice; and
• the applicant has lived in a part of Australia the postcode of which is specified in a Gazette Notice whilst the applicant undertook his/her 2 years of study; and
• the study undertaken was not distance education

then they are entitled to 5 points.

4. Item 6A1002 provides that if an applicant has:

• met the requirements for award of a  degree, diploma or trade qualification (other than a degree diploma or trade qualification in English language proficiency) for award by an Australian educational institution specified in a Gazette Notice as a result of less than 2 years of full time study at a campus of that institution whilst the applicant was present in Australia; and
• the location of the campus is specified in a Gazette Notice; and
• before meeting the requirements for the award of that degree, diploma or trade qualification (other than a degree, diploma or trade qualification in English language proficiency) for award by that institution, or another Australian educational institution, while the applicant was present in Australia, the applicant met the requirements for award of at least one other degree, diploma or trade qualification in Australia; and
• the applicant met the requirements for each degree, diploma or trade qualification as a result of a total of at least 2 years of full time study while the applicant was present in Australia; and

• all instruction for each of the degrees, diplomas or trade qualifications completed by the applicant as a result of a minimum of 2 years of full time study was conducted in English; and
• the applicant lived in a part of Australia the postcode of which is specified in a Gazette Notice whilst the applicant undertook his/her 2 years of study; and
• the study undertaken was not distance education

then they are entitled to 5 points.

5.  The purpose of the Instrument is to expand the list of institutions and campuses in Schedule 1 of the Legislative Instrument that are in ‘regional Australia’ or ‘low-population growth metropolitan areas’ and to specify those postcodes that form ‘regional Australia’ and ‘low population growth metropolitan areas’ for the purposes of allocating 5 additional points under the general points test.

6. The Instrument operates to specify educational institutions, campuses and postcodes that form regional Australia or a low population growth metropolitan area for the purpose of allocating 5 additional points under the general points test.

7. This Instrument does not substantially alter existing arrangements. As such, consultation was unnecessary (paragraph 18(2)(a) of the Legislative Instruments Act 2003 refers).

8. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).