EXPLANATORY STATEMENT

                                            Migration Regulations 1994

SPECIFICATION OF TRAINING BENCHMARKS

(SUBREGULATIONS 2.59(d) AND 2.68(e))

1. This Instrument is made under subregulation 2.59(d) and subregulation 2.68(e) of Part 2A to the Migration Regulations 1994 (‘the Regulations’).

2.      The purpose of the Instrument is to provide training benchmarks for a person to meet or have an auditable plan to meet when they apply for approval to be a standard business sponsor, or vary an existing approval.

3.      Subregulations 2.59(d) and 2.68(e) of Part 2A of the Regulations provide that a person who is applying for approval as a standard business sponsor or who is applying to vary their terms of approval as a standard business sponsor and who has been operating a business for 12 months or more needs to demonstrate that they have a record of training that meets the benchmarks described in an Instrument in writing.

4.      Subregulations 2.59(e) and 2.68(f) of Part 2A of the Regulations provide that a person who is applying for approval as a standard business sponsor or who is applying to vary their terms of approval as a standard business sponsor and who has been operating a business for less than 12 months needs to demonstrate an auditable plan to meet the training benchmarks described in an Instrument in writing.  

5.      The Regulations under which this instrument is made were developed in consultation with:

• a selection of industry peak bodies, unions, and State Governments through the Skilled Migration Consultative Panel;
• Department of Foreign Affairs and Trade;
• Department of Education, Employment and Workplace Relations;
• the Treasury;
• Attorney General’s Department;
• Australian Taxation Office;
• Migration Review Tribunal;
• the Office of the Privacy Commissioner; and
• the Attorney General’s Department.

6.      The Instrument, IMMI 09/107, commences on 14 September 2009.