Overview

The Migration Regulations 1994, as amended by the instrument F2006L00987, were enacted to address the need for clarification and specification of Regional Certifying Bodies and regional postcodes that define regional Australia for certain visa programs. This was achieved under the authority of the Migration Act 1958 and aimed to ensure that only approved bodies could certify nominations for the Regional Sponsored Migration Scheme, subclass 457 Business (Long Stay) visa, and subclass 471 Trade Skills Training visa programs. The policy objective of this regulation is to streamline and standardise the certification process by specifying the entities responsible for validating employer and nomination requirements, thereby facilitating the effective administration of these visa programs. The instrument was made following consultations with relevant departments and bodies to ensure alignment with regional development and visa sponsorship needs.

Scope and Application

The Migration Regulations 1994, as specified by the Instrument F2006L00987, outlines the parameters for the Regional Certifying Bodies and the postcodes that define regional Australia for certain visa categories under the Regional Sponsored Migration Scheme. This includes subclass 457 Business (Long Stay) visas and subclass 471 Trade Skills Training visas. The Instrument specifies the bodies authorised to certify that employer nominations meet certain criteria and the geographical areas deemed regional for the purposes of these visa categories. Additionally, the Instrument updates the list of Regional Certifying Bodies to include new entities such as the Central Queensland Area Consultative Committee, Roma Town Council, and Gladstone Area Promotion and Development Limited, and reflects name changes of existing bodies. It also adjusts the postcodes that define regional Victoria, excluding certain metropolitan areas from the regional specification. The changes made by this Instrument are to ensure the efficient operation of the regional migration schemes and to provide clarity on the bodies that can certify nominations and apprenticeship vacancies in regional areas.

Key Provisions

The main operative sections of the instrument, F2006L00987, specify the Regional Certifying Bodies approved to certify certain nominations under the Regional Sponsored Migration Scheme, subclass 457 Business (Long Stay) visa and subclass 471 Trade Skills Training visa programs, as well as the postcodes defining regional Australia (regulations 5.19(4)(e), 1.20GA(1)(e), 5.19(5), 2.43(1)(la) and 471.229G). These provisions aim to ensure that only specified bodies can certify employer nominations and apprenticeship vacancies, and that the areas defined as regional Australia are correctly identified through postcodes. The instrument introduces new Regional Certifying Bodies in Queensland and updates existing ones to reflect name changes, while also modifying the postcodes that define regional areas in Victoria. The Act imposes specific obligations on Regional Certifying Bodies and the Department of Immigration and Multicultural Affairs. Regional Certifying Bodies must be approved to certify nominations and apprenticeship vacancy positions within their designated regions, as specified in the Gazette Notice. These bodies must comply with the criteria and requirements set forth in the Migration Regulations 1994. The Department of Immigration and Multicultural Affairs is required to consult with relevant state departments and bodies when making changes to the list of Regional Certifying Bodies and the postcodes defining regional areas. Such consultations ensure that the changes align with the needs and geographical definitions of regional Australia. Offences and penalties for breaches of the Act are not explicitly stated in the instrument. However, non-compliance with the Migration Regulations 1994 and the terms of the instrument could result in administrative consequences, such as the cancellation of visas or refusal of nominations. For instance, under paragraph 2.43(1)(la) of the Regulations, a visa holder may have their visa cancelled if they are living or working in an area not specified as regional Australia. The maximum penalties for such administrative actions depend on the specific breach and the provisions of the Migration Act 1958, which may include fines, imprisonment, or both, as determined by the court. The precise consequences would need to be assessed in the context of the specific breach and the relevant provisions of the Act and Regulations.