Migration Regulations 1994 - Specification under paragraph 5.19(4)(e), subregulation 5.19(5) and paragraph 2.43(1)(la) - Regional Certifying Bodies and Regional Postcodes - August 2011

Administered by Department of Home Affairs

Legislation au F2011L01887 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Regulations 1994

 

 

REGIONAL CERTIFYING BODIES AND REGIONAL POSTCODES

(PARAGRAPH 5.19(4)(e), SUBREGULATION 5.19(5), PARAGRAPH 2.43(1)(la))

 

 

  1. This Instrument is made under subregulation 5.19(5) and paragraphs 5.19(4)(e) and 2.43(1)(la) of the Migration Regulations 1994 (‘the Regulations’).

 

2.                  Paragraph 5.19(4)(e) of the Regulations provides that only a body that has been specified for the purposes of that paragraph may certify that an employer nomination meets the requirements of paragraphs 5.19(4)(a), (b) and (c).

 

3.                  Subregulation 5.19(5) of the Regulations provides that regional Australia means a part of Australia specified by an instrument in writing.

 

4.                  Paragraph 2.43(1)(1a) of the Regulations provides that in the case of the holder of s Subclass 457 (Business (Long Stay) visa who was granted the visa on the basis of a nomination of an activity under regulation 1.20GA as in force immediately before 14 September 2007, that the holder is living or working within an area specified by the Minister in an instrument in writing for this paragraph.

 

5.                  The purpose of this Instrument is to specify the Regional Certifying Bodies that are approved to certify certain nominations made under the Regional Sponsored Migration Scheme.

 

6.                  This Instrument also specifies the postcodes which define regional Australia for the purpose of subregulation 5.19(5) for the Regional Sponsored Migration Scheme.

 

 

 

 

 

 

7.                  The Instrument has been updated to:

  • include Regional Development Australia Goldfields Esperance as a Regional Certifying Body for the Goldfields Esperance region; and
  • replace the ACT Chief Minister’s Department with the ACT Economic Development Directorate; and
  • include ‘Entire State’ of Western Australia at Schedule B which replaces certain postcodes.

 

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

  • Regional Development Australia Goldfields Esperance; and
  • the ACT Economic Development Directorate.

 

10. The Office of Best Practice was consulted and has advised that there was no compliance cost on business or impact on competition in relation to this instrument (OBPR Reference 12883).

 

11.  The Instrument, IMMI 11/058, commences on 12 September 2011.

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