Overview

The Migration Regulations 1994, amended by the legislation F2012L01270, was introduced to address a need for clarification and specification in the administration of the Regional Sponsored Migration Scheme (RSMS). This scheme aims to facilitate the migration of skilled workers to regional areas of Australia, addressing regional workforce shortages. Enacted by the Minister for Immigration and Border Protection under the authority granted by the Migration Act 1958, this legislative instrument provides the framework for identifying regional certifying bodies and defining regional postcodes relevant to the RSMS. By specifying the bodies authorised to advise on RSMS applications and delineating which areas of Australia qualify as regional for the purposes of the scheme, the legislation seeks to streamline the application process and ensure that the RSMS effectively targets and benefits regional communities.

Scope and Application

The Migration Regulations 1994, as specified in the instrument F2012L01270, apply to certain entities that are recognised by the Minister as regional certifying bodies. These bodies must be located within the same state or territory as the position being nominated and must have advised the Minister on specific matters relating to employer nominations under the Regional Sponsored Migration Scheme Direct Entry stream. The instrument also delineates the postcodes that define regional Australia for the purposes of the scheme, thereby specifying which areas are eligible for regional nomination pathways. The scope of this legislation is limited to permanent employer nominations through the direct entry stream and does not apply to other types of migration applications or streams. The instrument exempts itself from disallowance and does not require a Human Rights Statement of Compatibility, given its minor and machinery nature. This instrument, which came into effect on 1 July 2012, outlines the criteria and geographic reach for regional certifying bodies and the definition of regional postcodes, without necessitating consultation or a Regulatory Impact Statement.

Key Provisions

The primary sections of this legislation, specifically sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7) of the Migration Regulations 1994, serve to establish the framework for regional certifying bodies and the definition of regional Australia. Sub-subparagraph 5.19(4)(h)(ii)(F) stipulates that a body can be specified by the Minister in writing to act as a certifying body, provided it is located within the same state or territory as the position it is certifying, and has advised the Minister on relevant matters. Subregulation 5.19(7) further defines 'regional Australia' as any part of Australia specified by the Minister through a written instrument. These sections are crucial as they set the criteria for which bodies can participate in the Regional Sponsored Migration Scheme and how regional areas are defined within the scheme. These sections impose specific obligations and requirements on the entities they govern. Firstly, any body wishing to be recognised as a regional certifying body must be located in the same state or territory as the position for which it is certifying and must have provided the Minister with the necessary advice on matters outlined in the Regulations. Additionally, the Minister's specification of regional postcodes determines which areas are considered eligible for the regional aspects of the scheme. This delineation ensures that the scheme appropriately targets and benefits regional areas, aligning with the policy intent behind the Regional Sponsored Migration Scheme. The legislation also outlines the consequences for non-compliance with its provisions. While the explanatory statement does not detail specific offences, penalties, or civil/criminal consequences, it is reasonable to infer that failure to adhere to the requirements for regional certifying bodies or the misuse of regional definitions could lead to administrative penalties. Such penalties might include revocation of the certifying status for bodies that do not meet the specified criteria or other administrative sanctions for misuse of the defined regional postcodes. The absence of explicit penalties in the text suggests that the primary focus is on ensuring compliance through clear criteria rather than punitive measures. The regulatory environment surrounding this legislation ensures that it operates within the bounds of administrative law and does not require extensive consultation or additional regulatory assessments. Under section 18 of the Legislative Instruments Act 2003, the Instrument was deemed of a minor or machinery nature, exempting it from the need for consultation. Similarly, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required, and the Instrument is exempt from disallowance under section 44 of the same Act. These provisions streamline the legislative process, ensuring that minor adjustments to the scheme can be made efficiently without extensive procedural hurdles.