EXPLANATORY STATEMENT

Migration Regulations 1994

1. This Instrument is made under regulations 1.17, 1.03 and 2.26B of the Migration Regulations 1994 (‘the Regulations’).

2.                  Regulation 1.17 provides that the Minister may, by Notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.

Regulation 1.03 provides that a ‘skilled occupation’ means:

 (a) in relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa whose sponsor has, on the sponsorship form, stated a residential address the postcode of which is specified by Gazette Notice for this paragraph — an occupation:

  (i) that is in the Sydney and Selected Areas Skilled Shortage List specified in that Gazette Notice; and

  (ii) for which a number of points specified in that Gazette Notice are available; and

 (b) in any other case — an occupation that is specified by Gazette Notice as a skilled occupation for which a number of points specified in that Gazette Notice are available.

Regulation 1.03 also provides that ‘relevant assessing authority’ means a person or body specified under Regulation 2.26B.

Regulation 2.26B(1) provides that the Minister may, by Notice in the Gazette, specify a person or body as the relevant assessing authority for a skilled occupation if the person or body is approved in writing by the Minister or NOOSR as the relevant assessing authority for the occupation.

Regulation 2.26B(2) also provides that the standards against which the skills of a person are assessed by a relevant assessing authority for a skilled occupation must be the standards set by the relevant assessing authority for the skilled occupation.

3.                  The purpose of the Instrument is to:

• Revoke the Gazette Notice signed on 8 September 2004 specifying skilled occupations for the purposes of the definition of “skilled occupation” in regulation 1.03 and relevant assessing authorities for the purposes of subregulation 2.26B(1) of the Regulations;
• Specify each occupation that is in the Sydney and Selected Areas Skilled Shortage List referred to in Schedule A of the Gazette Notice as a skilled occupation for the purposes of subparagraph (a)(i) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
• Specify the number of points corresponding to the occupation set out in Schedule A of the Gazette Notice for the purposes of subparagraph (a)(ii) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
• Specify each person or body referred to in Schedule A of the Gazette Notice as the relevant assessing authority for the corresponding skilled occupation set out in Schedule A for the purposes of subregulation 2.26B(1) of the Regulations;
• Specify the postcodes listed in Schedule B of the Gazette Notice for the purposes of paragraph (a) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
• Specify each occupation referred to in Schedule C of the Gazette Notice as a skilled occupation for the purposes of paragraph (b) of the definition of “skilled occupation” in regulation 1.03 of the Regulations;
• Specify the number of points referred to in Schedule C of the Gazette Notice for the corresponding occupation set out in Schedule C for the purposes of paragraph (b) of the definition of “skilled occupation” in regulation 1.03 of the Regulations; and
• Specify each person or body referred to in Schedule C of the Gazette Notice as the relevant assessing authority for the corresponding skilled occupation set out in Schedule C for the purposes of subregulation 2.26B(1) of the Regulations.

4.                  The Instrument operates to specify, for prospective applicants and sponsors, for the purposes of the General Skilled Migration program:

• skilled occupations;
• corresponding points allocated for skilled occupations;
• relevant assessing authorities for corresponding skilled occupations; and
• postcodes that comprise the Sydney and Selected Areas for the purposes of the Sydney and Selected Areas Skilled Shortage List (SSASSL).

5.                  The following document is incorporated in the Instrument by reference:

• the Australian Standard Classification of Occupations (Second Edition) (ABS Catalogue No. 1220.0), available online from the Australian Bureau of Statistics at www.abs.gov.au/Ausstats.

6. The amendments made to this Instrument only seek to clarify the original policy intention of this Instrument, and as such, consultations were unnecessary.

7. The Instrument commences on 2 April 2005.