EXPLANATORY STATEMENT

Migration Regulations 1994

RESIDENTIAL POSTCODES, SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS

(REGULATIONS 1.03 AND 2.26B)

1. This Instrument is made under regulation 1.03 and subregulation 2.26B(1) of the Migration Regulations 1994 (“the Regulations”).
2. Regulation 1.03 of the Regulations defines the term skilled occupation.  It provides that in relation to an applicant for a Skilled Australian Sponsored (Migrant) (Class BQ) visa, a skilled occupation means an occupation that is in the Sydney and Selected Areas Skilled Shortage List specified in an instrument in writing, for which a number of points specified in the instrument are available and whose sponsor has, on the sponsorship form, stated a residential address the postcode of which is specified in the instrument.  In any other case, a skilled occupation is an occupation that is specified in an instrument in writing as a skilled occupation for which a number of points specified in the instrument are available.
3. Regulation 1.03 of the Regulations also provides that relevant assessing authority means a person or body specified under regulation 2.26B.
4. Subregulation 2.26B(1) of the Regulations provides that the Minister may, in an instrument in writing for this subregulation, 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 the Department of Education, Science and Training (Education) as the relevant assessing authority for the occupation.
5. All principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory for that skilled occupation.  The purpose of this Instrument is to specify what a skilled occupation is, and which body is responsible for determining whether an applicant has skills that are satisfactory to work in that skilled occupation in Australia. As some General Skilled Migration visa applicants are required to pass the General Skilled Migration Points Test, each skilled occupation has a number of points which may be allocated.
6. The Instrument operates to specify skilled occupations, the number of points that correspond to each occupation, the bodies that are the relevant assessing authorities for each occupation, and the postcodes for residential addresses of sponsors. 
7. 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.

8.                   Consultation was undertaken before the instrument was made as follows:

• The Department of Education, Science and Training advised of the approval for the Australian Pharmacy Examining Council (APEC) to be renamed as the Council of Pharmacy Registering Authorities (COPRA).

9.                   The Instrument, IMMI 06/063, commences on the day after registration on the Federal Register of Legislative Instruments.