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 - October 2009

Administered by Department of Home Affairs

Legislation au F2009L03976 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.

 

4.                  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 being employed in Australia by a business sponsor, and in respect of whom there is 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 for that 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.                    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).

 

8.                  This Instrument differs from the previous Instrument in specifying:

  • Regional Development Australia Central Queensland Inc as a replacement for Central Queensland Area Consultative Committee Inc;
  • Maranoa Regional Council as a replacement for Roma Regional Council;
  • Northern Territory Department of Business and Employment as a replacement for the Northern Territory Department of Business, Economic and Regional Development;
  • Tasmanian Department of Economic Development, Tourism and the Arts as a replacement for the Tasmanian Department of Economic Development;
  • Industry & Investment NSW as a replacement for the NSW Department of State and Regional Development;
  • Regional Development Australia Central West Inc as a replacement for the Central West Regional Development Board Inc;
  • Regional Development Australia Orana Inc as a replacement for the Orana Area Consultative Committee Inc;
  • Regional Development Australia Hunter Inc as a replacement for the Hunter Economic Development Corporation;
  • Regional Development Australia Northern Inland Inc as a replacement for the Northern Inland Regional Development Board;
  • Regional Development Australia Northern Rivers Inc as a replacement for the Northern Rivers Regional Development Board;
  • Regional Development Australia Central Coast Inc as a replacement for Business Central Coast Inc;
  • Regional Development Australia Southern Inland Inc as a replacement for the Capital Region Development Board;
  • Regional Development Australia Illawarra Inc as a replacement for the Illawarra Regional Development Board Inc;
  • Regional Development Australia Murray Inc as a replacement for the Murray Regional Development Board Inc;
  • Regional Development Australia Riverina Inc as a replacement for the Riverina Regional Development Board Inc;
  • Regional Development Australia Far West Inc as a replacement for the Far West Regional Development Board Inc;
  • Chamber of Commerce and Industry Queensland Head Office as a replacement for Commerce Queensland Head Office;
  • Chamber of Commerce and Industry Queensland (Gold Coast) as a replacement for Commerce Queensland (Gold Coast);
  • Chamber of Commerce and Industry Queensland (Sunshine Coast) as a replacement for Commerce Queensland (Sunshine Coast);
  • Chamber of Commerce and Industry Queensland (Toowoomba) as a replacement for Commerce Queensland (Toowoomba) for south east and south west Queensland;
  • Chamber of Commerce and Industry Queensland (Rockhampton) as a replacement for Commerce Queensland (Rockhampton);
  • Chamber of Commerce and Industry Queensland (Cairns) as a replacement for Commerce Queensland (Cairns);
  • Chamber of Commerce and Industry Queensland (Mackay) as a replacement for Commerce Queensland (Mackay);
  • Chamber of Commerce and Industry Queensland (Townsville) as a replacement for Commerce Queensland (Townsville); and
  • the removal from the Instrument of the following organisations that will no longer be operating as Regional Certifying Bodies:

-          Clarence Valley Business Development Board Limited;

-          Mid North Coast Regional Development Board Inc;

-          Port Macquarie Chamber of Commerce and Industry Inc;

-          Small Business Centre New England and North West;

-          Goldfields-Esperance Development Commission.


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

  • Chamber of Commerce and Industry Queensland;
  • Maranoa Regional Council;
  • Regional Development Australia Central Queensland Inc;
  • Northern Territory Department of Business and Employment;
  • Goldfields-Esperance Development Commission;
  • Tasmanian Department of Economic Development, Tourism and the Arts; and
  • Industry & Investment NSW.

 

10.              The Instrument, IMMI 09/120, commences on 9 November 2009.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.