EXPLANATORY STATEMENT
Migration Regulations 1994
- This Notice is made under paragraph 5.19(4)(e), subregulation 5.19(5) and paragraphs 1.20GA(1)(e) and 2.43(1)(1a) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 5.19(4)(e) provides that only a specified body may certify that a nomination lodged by a regional employer meets the requirements of paragraphs 5.19(4)(a) to (c). Subregulation 5.19(5) provides that regional Australia means a part of Australia specified by Gazette Notice. Paragraph 1.20GA(1)(e) provides that only a specified body may certify that a nomination meets the requirements of paragraph 1.20GA(1). Paragraph 2.43(1)(1a) sets out a prescribed ground for cancelling a subclass 457 Business (Long Stay) visa under section 116 of the Migration Act 1958.
3. The purpose of the Instrument is to provide a new list of approved Regional Certifying Bodies (RCBs) for the purpose of the Regional Sponsored Migration Scheme (RSMS) and regional subclass 457 Business (Long Stay) program, plus a list of postcodes which will define “regional” for both these schemes.
4. The instrument operates to update a list of RCBs that play a key role in our temporary and permanent entry regional programs by certifying the nominations from regional employers before they are processed by DIMIA. In addition, the instrument will define for the purpose of regulation 1.20GA(1)(e) and 5.19(5) those areas of Australia which are regional for the purposes of the RSMS and regional subclass 457 Business (Long Stay) programs.
5. The schedules specifying the list of “regional” postcodes was prepared after extensive consultations with each State and Territory Government. It will provide a more precise and easily understood method for employers and other clients who need to determine if they qualify under the government’s RSMS and regional subclass 457 Business (Long Stay) visa programs.
6. Consultation was undertaken with all State and Territory Government departments responsible for managing State and Territory Government regional development policies and programs.
7. 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).