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))
- 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. This Instrument revokes Instrument number IMMI 09/120, signed by the previous Minister on 22 October 2009.
3. 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).
4. Subregulation 5.19(5) of the Regulations provides that regional Australia means a part of Australia specified by an instrument in writing.
5. Paragraph 2.43(1)(la) sets out the prescribed ground for cancelling a visa under section 116 of the Migration Act 1958 and provides that in the case of the holder of a 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 2009, that the visa holder is living or working within an area specified in an instrument in writing for that paragraph.
6. 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.
7. This Instrument also specifies the postcodes which define regional Australia for the purpose of subregulation 5.19(5) for the Regional Sponsored Migration Scheme.
8. This Instrument also specifies the postcodes of specified areas for the purpose of paragraph 2.43(1)(la) for the subclass 457 Business (Long Stay) visa. Under concession arrangements in effect prior to 14 September 2009, approved sponsors seeking to nominate positions in specified areas of Australia were eligible for concessions in meeting the minimum salary level or skill level requirements for the nominated positions. Subclass 457 Business (Long Stay) visas granted with these concessions were approved on the basis the visa holder would work in the specified area in the approved occupation in accordance with the terms of their most recently approved nomination. While these concession arrangements are no longer available, there remain subclass 457 Business (Long Stay) visa holders whose most recently approved nomination was approved prior to 14 September 2009 under these concession arrangements. These visa holders must still work in accordance with their most recently approved nomination, which requires the visa holder to only work in an area that is specified for the purpose of paragraph 2.43(1)(la).
9. The Instrument has been updated to:
- include Regional Development Australia, Mid North Coast Inc; and
- remove Wheatbelt Development Commission; and
- rename the Small Business Development Corporation to Skilled Migration Western Australia.
10. Consultation was undertaken before the Instrument was made as follows:
- Industry & Investment NSW;
- Wheatbelt Development Commission; and
- Skilled Migration Western Australia (formerly Small Business Development Corporation).
11. 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.
12. The Instrument, IMMI 10/051, commences on 19 November 2010.