Overview

The Migration Regulations 1994, as amended by the Instrument F2013L01107, address the need for specific regional certifying bodies to provide advice on certain aspects of Regional Sponsored Migration Scheme Direct Entry employer nomination applications. This legislative update was introduced to respond to the evolving regional structures within state governments and to ensure that the appropriate entities are recognised for their advisory roles. The enacting body for these regulations is the Minister for Immigration and Border Protection, acting under the authority granted by the Migration Act 1958. The policy objective of this Instrument is to streamline the process for regional nominations by updating the list of approved bodies and clarifying the regional postcodes for the Regional Sponsored Migration Scheme. This ensures that the scheme can effectively support regional development and employment needs by aligning with current administrative structures and geographical definitions.

Scope and Application

The Migration Regulations 1994 Instrument F2013L01107 serves to specify certain Regional Certifying Bodies in regional Victoria and New South Wales that are approved to provide advice to the Minister regarding applications under the Regional Sponsored Migration Scheme Direct Entry employer nomination stream. These bodies must be located in the same state or territory as the position for which the nomination is being made, and must have advised the Minister on specific matters as outlined in sub-subparagraph 5.19(4)(h)(ii)(F) of the Regulations. Additionally, the Instrument defines regional Australia for the purposes of the Regional Sponsored Migration Scheme by specifying certain postcodes, as per subregulation 5.19(7) of the Regulations. The Instrument applies to permanent employer nominations under the direct entry stream that access the regional specific program and came into effect on 1 July 2013. The Instrument is of a minor nature and does not require consultation or a Regulatory Impact Statement, and is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Key Provisions

The Migration Regulations 1994 (Regulations) are amended by the instrument F2013L01107 to specify certain regional certifying bodies and regional postcodes for the purposes of the Regional Sponsored Migration Scheme (RSMS). Under sub-subparagraph 5.19(4)(h)(ii)(F) (paragraph 2), bodies specified by the Minister that are located in the same state or territory as the position in question are approved to advise the Minister on matters relevant to the RSMS Direct Entry employer nomination applications, provided they have notified the Minister of specific matters as outlined in the regulations. Subregulation 5.19(7) (paragraph 3) defines 'regional Australia' as any part of Australia specified by the Minister in an instrument in writing, which is relevant for the purposes of the RSMS. The obligations imposed by this legislation on the relevant parties include the requirement for bodies to be specified by the Minister and to be located in a state or territory corresponding to the position in question (sub-subparagraph 5.19(4)(h)(ii)(F)). These bodies must also advise the Minister on the relevant matters (sub-subparagraph 5.19(4)(h)(ii)(F)). Furthermore, the Minister is required to specify through an instrument in writing the bodies and areas considered 'regional' for the purposes of the RSMS (subregulation 5.19(7)). This ensures a clear framework for which entities can provide advice and what areas are recognised as regional under the scheme. The legislation does not explicitly outline offences, penalties, or consequences for non-compliance within the provided text. However, it is implied that failure to comply with the specified requirements could result in non-approval or revocation of the status as a Regional Certifying Body, potentially impacting an entity's ability to participate in the RSMS. Given that the instrument is of a minor or machinery nature (subsection 18(1) of the Legislative Instruments Act 2003), it does not substantially alter existing arrangements and therefore, specific penalties are not detailed in the provided text. It is, however, important for entities to adhere to the specified requirements to maintain their eligibility under the scheme.