EXPLANATORY STATEMENT

Migration Regulations 1994

SKILLED OCCUPATIONS, RELEVANT ASSESSING AUTHORITIES AND POINTS FOR GENERAL SKILLED MIGRATION

((REGULATION 1.03, SUBREGEULATION 2.26B(1), SUBPARAGRAPHS 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii), 1229(7)(b)(ii) and ITEMS 6A11, 6A12, 6A13, 6B11, 6B12, 6B13)

1. This Instrument is made under regulations 1.03, 1.17 and subregulation 2.26B(1), subparagraphs 1136(4)(b)(ii), 1136(5)(b)(ii), 1136(6)(b)(iii), 1229(4)(b)(ii), 1229(5)(b)(ii), 1229(6)(b)(iii), 1229(7)(b)(ii) of Schedule 1, items 6A11, 6A12, 6A13 of Schedule 6A and items 6B11, 6B12, 6B13 of Schedule 6B of to the Migration Regulations 1994 (“the Regulations”).

2. Regulation 1.03 of the Regulations defines the term skilled occupation as a skilled occupation for which a number of points specified in an 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.                   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.

54. 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, for the residents of one or more countries.

5. The Instrument operates to specify skilled occupations, the number of points awarded for each occupation and the bodies that are the relevant assessing authorities for each occupation for the residents of one or more countries. 

6. All principal applicants for a General Skilled Migration visa must nominate a skilled occupation and have their skills assessed as satisfactory for that occupation by the relevant assessing authority.  The purpose of this Instrument is to specify the list of skilled occupations, the bodies responsible for assessing the applicant’s suitability for working in those skilled occupations in Australia and the points available for each skilled occupation under the Schedule 6B points test.

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

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

89. The Instrument, IMMI 07/058, commences on 1 September 2007.