EXPLANATORY STATEMENT

Migration Regulations 1994

REGIONAL CERTIFYING BODIES AND REGIONAL POSTCODES

(Sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7))

1. This Instrument is made under sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Sub-subparagraph 5.19(4)(h)(ii)(F) of the Regulations provides that a body that is specified by the Minister in an instrument in writing, and that is located in the same State or Territory as the location of a certain position, has advised the Minister about the matters mentioned in paragraph 5.19(4)(e) and sub-subparagraphs 5.19(4)(h)(ii)(B) and 5.19(4)(h)(ii)(C).

3.                  Subregulation 5.19(7) of the Regulations provides that regional Australia means a part of Australia specified by the Minister in an instrument in writing.

4.                  The purpose of this Instrument is to specify the bodies that are approved to advise the Minister on certain aspects of Regional Sponsored Migration Scheme Direct Entry employer nomination applications.  The Instrument has been updated to include three additional bodies in regional Victoria and one additional body in regional NSW to be approved as Regional Certifying Bodies.  The Instrument also updates the names of Victorian Regional Certifying Bodies due to restructure within the Victorian State Government Department.

5.                  This Instrument also specifies the postcodes which define regional Australia for the purpose of subregulation 5.19(7) for the Regional Sponsored Migration Scheme.

6.                  The Instrument applies to permanent employer nominations through the direct entry stream where applicants access the regional specific program.  The Instrument also identifies parts of Australia that are considered ‘regional’ for the program.

7.                  Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements”

8.                   The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 14625).
 

9.                   Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

10.              The Instrument, IMMI 13/049, commences on 1 July 2013.