Migration Regulations 1994 - Specification of Regional Certifying Bodies and Post Codes Defining Regional Australia for Certain Visas - IMMI 06/086

Administered by Department of Home Affairs

Legislation au F2006L04047 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

SPECIFICATION OF REGIONAL CERTIFYING BODIES AND POSTCODES DEFINING REGIONAL AUSTRALIA FOR CERTAIN VISAS

(REGULATIONS 5.19(4)(e) and (5), 1.20GA(1)(e), 2.43(1)(la) and 471.229G)

 

 

  1. This Instrument is made under regulation 1.17 and subregulation 5.19(5) and paragraphs 5.19(4)(e), 1.20GA(1)(e) and 2.43(1)(la) of the Migration Regulations 1994 (‘the Regulations’) and clause 471.229G of Schedule 2 to the Regulations.

 

2.                  Paragraph 5.19(4)(e) of the Regulations provides that only a body that has been specified for the purposes of that paragraph may certify that an employer nomination meets the requirements of paragraphs 5.19(4)(a),(b) and (c).

 

3.                  Paragraph 1.20GA(1)(e) of the Regulations provides that only a body that has been specified for the purposes of that paragraph may certify that a nomination meets the requirements of paragraphs 1.20GA(1)(a),(b),(c) and (d).

 

4.                  Clause 471.229G of Schedule 2 to the Regulations provides that only a body approved by the Minister can certify a proposed apprenticeship position was unable to be filled by local recruitment.

 

5.                  Sub-regulation 5.19(5) of the Regulations provides that regional Australia means a part of Australia specified by Gazette Notice for this definition.

 

6.                  Paragraph 2.43(1)(la) sets out the prescribed ground for cancelling a visa under section 116 of the Migration Act 1958 and provides that in the case of the holder of a subclass 457 Business (Long Stay) visa who was granted the visa on the basis of being employed in Australia by a business sponsor, and in respect of whom there is a nomination of an activity under regulation 1.20GA, that the visa holder is living or working within an area specified in a Gazette Notice for that paragraph.


7.                  The purpose of the Instrument is to specify the Regional Certifying Bodies that are approved to certify certain nominations made under the Regional Sponsored Migration Scheme, subclass 457 Business (Long Stay) visa and subclass 471 Trade Skills Training visa programs. The instrument also specifies the postcodes defining regional Australia for the purposes of the Regional Sponsored Migration Scheme and subclass 457 Business (Long Stay) visa program.

 

8.                  The Instrument differs from the previous Instrument by specifying an additional Regional Certifying Body: Small Business Development Corporation, to provide for the certification of nominations and apprenticeship vacancy positions throughout Western Australia, and it reflects name changes to existing Regional Certifying Bodies.

 

9.                  Consultation was undertaken before the instrument was made as follows:

  • The Department of Immigration and Multicultural Affairs consulted with the Western Australian state government regarding the inclusion of the Small Business Development Corporation as a Regional Certifying Body.
  • The specified Regional Certifying Bodies consulted with the Department of Immigration and Multicultural Affairs regarding changes to their registered names.

 

10.              This Instrument, IMMI 06/086, commences on the day of registration on the Federal Register of Legislative Instruments.

 

 

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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.