EXPLANATORY STATEMENT
Migration Regulations 1994
REGIONAL CERTIFYING BODIES AND REGIONAL POSTCODES
(Sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7))
- This Instrument is made under sub-subparagraph 5.19(4)(h)(ii)(F) and subregulation 5.19(7) of the Migration Regulations 1994 (‘the Regulations’).
2. Sub-subparagraph 5.19(4)(h)(ii)(F) of the Regulations provides that a body that is specified by the Minister in an instrument in writing, that is located in the same State or Territory as the location of the position, has advised the Minister about the matters mentioned in paragraph 5.19(4)(e) and sub-subparagraphs 5.19(4)(h)(ii)(B) and sub-subparagraphs 5.19(4)(h)(ii)(C).
3. Subregulation 5.19(7) of the Regulations provides that regional Australia means a part of Australia specified by the Minister in an instrument in writing.
4. The purpose of this Instrument is to specify the bodies that are approved to advise the Minister on certain aspects of Regional Sponsored Migration Scheme Direct Entry employer nomination applications.
5. This Instrument also specifies the postcodes which define regional Australia for the purpose of subregulation 5.19(7) for the Regional Sponsored Migration Scheme.
6. The instrument applies to permanent employer nominations through the direct entry stream where applicants access the regional specific program. The instrument also identifies parts of Australia that are considered ‘regional’ for the program.
7. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements”
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is/is not required (OBPR Reference 14165).
9. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
10. The Instrument, IMMI 12/095, commences on 1 October 2012.