EXPLANATORY STATEMENT
Migration Regulations 1994
REGIONAL CERTIFYING BODIES AND POSTCODES DEFINING REGIONAL AUSTRALIA FOR CERTAIN VISAS
(PARAGRAPH 5.19(4)(e), SUBREGULATION 5.19(5), PARAGRAPHS 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. Subregulation 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 the Tasmanian Department of Economic Development as a replacement for Multicultural Tasmania, the Department of Innovation, Industry and Regional Development as a replacement for the Department for Victorian Communities, and Roma Regional Council as a replacement for Roma Town Council.
8. Consultation was undertaken before the Instrument was made as follows:
- Multicultural Tasmania and the Department of Economic Development.
- The Department of Innovation, Industry and Regional Development.
- Roma Regional Council.
9. The Instrument, IMMI 08/020, commences on the day after registration on the Federal Register of Legislative Instruments.