Overview

The Migration Regulations 1994, as amended by the legislative instrument F2012L01946, was introduced to address the need for a formalised system of certifying bodies and the clarification of regional postcodes relevant to the Regional Sponsored Migration Scheme (RSMS). This instrument, created under the authority of the Legislative Instruments Act 2003, aims to ensure that specific bodies, located in designated regional areas, are approved to provide advice on certain aspects of RSMS Direct Entry employer nomination applications. Additionally, it identifies the postcodes that define regional Australia for the purposes of the scheme. The instrument is of a minor nature, exempt from disallowance, and does not require a Regulatory Impact Statement or a Human Rights Statement of Compatibility, as it does not substantially alter existing arrangements. It commenced on 1 October 2012, providing clarity and structure to the regional components of the migration sponsorship process.

Scope and Application

The F2012L01946 instrument, made under the Migration Regulations 1994, specifies bodies that are approved to advise the Minister on aspects of Regional Sponsored Migration Scheme Direct Entry employer nomination applications. These bodies must be located in the same state or territory as the position for which the nomination is being made and must have provided the Minister with relevant advice. Furthermore, the instrument delineates the regional postcodes that define regional Australia for the purposes of the Regional Sponsored Migration Scheme. This instrument applies specifically to permanent employer nominations through the direct entry stream, where applicants access the regional-specific program. It does not apply to other streams or types of migration applications. The geographic scope of the instrument is confined to areas specified by the Minister, effectively identifying which regions qualify for the regional-specific migration program. The instrument is of a minor or machinery nature, exempt from disallowance, and does not require a Human Rights Statement of Compatibility, as confirmed by the Office of Best Practice Regulation. It commenced on 1 October 2012.

Key Provisions

The Migration Regulations 1994, as amended by the Instrument F2012L01946, outline specific provisions regarding the bodies that can provide advice on Regional Sponsored Migration Scheme (RSMS) Direct Entry employer nomination applications. Under sub-subparagraph 5.19(4)(h)(ii)(F), the Minister can specify in writing which bodies are approved to provide this advice. These bodies must be located in the same State or Territory as the location of the position in question, and must have provided the Minister with the necessary information outlined in paragraphs 5.19(4)(e) and sub-subparagraphs 5.19(4)(h)(ii)(B) and (C). Subregulation 5.19(7) further specifies that regional Australia is defined by the Minister through written instruments, setting out the postcodes that qualify as regional areas for the purposes of the RSMS. The obligations imposed by these provisions are primarily on the entities that the Minister specifies as eligible to provide advice. These entities must be located within the relevant State or Territory and must have given the Minister the necessary information. Additionally, the Minister has the responsibility of specifying the regional areas and bodies through written instruments under the Regulations. This ensures that only approved bodies provide advice on RSMS Direct Entry employer nominations, maintaining a structured and regulated approach to the nomination process. Failure to comply with the requirements set out in these provisions can lead to civil or criminal consequences. While the explanatory statement does not detail specific penalties, breaches of the Migration Regulations 1994 can generally result in fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined in the context of the broader Migration Act 1958 and other relevant legislation. The statement confirms that the instrument is of a minor nature and does not require consultation, as per subsection 18(1) of the Legislative Instruments Act 2003. Furthermore, because it is exempt from disallowance under section 44 of the same Act, a Human Rights Statement of Compatibility is not required. This Instrument, IMMI 12/095, came into effect on 1 October 2012.