EXPLANATORY STATEMENT
Migration Regulations 1994
REGIONAL CERTIFYING BODIES AND POSTCODES DEFINING REGIONAL AUSTRALIA FOR CERTAIN VISAS
(REGULATIONS 5.19(4)(e) and (5), 1.20GA(1)(e) and 2.43(1)(la))
- 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’).
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. Sub-regulation 5.19(5) of the Regulations provides that regional Australia means a part of Australia specified by Gazette Notice for this definition.
5. 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.
6. 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 and subclass 457 Business (Long Stay) 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.
7. The Instrument differs from the previous Instrument in specifying all eight Commerce Queensland offices as RCBs including universal coverage of all areas of regional Queensland by the Commerce Queensland head office. The specification of Commerce Queensland replaces the Queensland Department of State Development, Trade and Innovation, which has been removed from the Instrument by its own request.
8. The Instrument differs further from the previous Instrument in the removal of references to the Trade Skills Training visa (Subclass 471), which was recently repealed.
9. The Instrument also reflects ongoing changes to the RCB network in New South Wales. Albury Wodonga Business Limited has ceased to operate, and has been removed from the Instrument. Hunter Councils Inc has been removed from the Instrument, with the Hunter Economic Development Corporation being inserted in its place.
10. Consultation was undertaken before the Instrument was made as follows:
- The Department of Immigration and Citizenship consulted with the Queensland state government regarding the timing of the removal of the Queensland Department of State Development, Trade and Innovation.
- Both Hunter Councils Inc and the Hunter Economic Development Corporation are supportive of the proposed change of their respective roles, as is the NSW Department of State and Regional Development.
11. This Instrument, IMMI 07/075, commences on the day after registration on the Federal Register of Legislative Instruments.