EXPLANATORY STATEMENT
Migration Regulations 1994
SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES, COUNTRIES AND POINTS FOR GENERAL SKILLED MIGRATION VISAS
(Regulation 1.15I, subregulation 2.26B(1), subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii)
- This Instrument is made under regulation 1.15I, subregulation 2.26B(1) and subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.15I(1)(a) of the Regulations provides that a skilled occupation, in relation to a person, means an occupation of a kind that is specified by the Minister in an instrument in writing to be a skilled occupation.
3. Subregulation 2.26B(1) of the Regulations provides that, subject to subregulation 2.26B(1A) the Minister may, by an instrument in writing, specify a person or body as the relevant assessing authority for a skilled occupation and one or more countries for the purposes of an application for a skills assessment made by a resident of one of those countries.
4. Subparagraphs 1136(3)(bb)(ii), 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(3)(ab)(ii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii) and 1229(7)(b)(ii) of the Regulations specifies the skilled occupations, assessing authorities and countries that are required to make a valid application or satisfy the criteria for the grant of a General Skilled Migration Visa.
5. The purpose of the instrument is to allow General Skilled Migration visa applications lodged on or before 30 June 2012 to continue to be processed and have their nominated occupation assessed against the instrument in place at the time of lodgement. This is particularly important for applicants who have nominated an occupation that has been removed from the Skilled Occupations List instrument to take effect from 1 July 2012.
6. The Instrument operates to specify skilled occupations, the relevant ANZSCO code for an occupation, country (for application of skills assessment made by the resident of that country) and the relevant assessing authority for that occupation.
7. The following document is incorporated in the Instrument by reference:
- ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010. The ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) is available online at http://www.abs.gov.au.
8. Pursuant to section 18 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.
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 Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 13758).
11. This Instrument number IMMI 12/023, commences on 1 July 2012.