EXPLANATORY STATEMENT

Migration Regulations 1994

MINIMUM SALARY LEVELS AND OCCUPATIONS FOR THE

BUSINESS LONG STAY VISA

(REGULATIONS 1.20B, 1.20G(2) AND 1.20GA(1)(a)(i))

1. This Instrument is made under regulations 1.17 and 1.20B, subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Regulation 1.20B of the Regulations provides that the term minimum salary level will be defined in a Gazette Notice. 

3.                  Subregulation 1.20G(2) and subparagraph 1.20GA(1)(a)(i) of the Regulations provide that the tasks of positions for which applicants for subclass 457 visas are nominated by their sponsoring employers must correspond to the tasks of an occupation specified in a gazette notice.

4.                   The purpose of the Instrument is to reflect in the specified minimum salary levels, general wage movements occurring since publication of the last Gazette Notice signed 8 June 2005.  It is also to ensure that the specified minimum salary levels remain indicative of the salaries for skilled positions.

5.                  The Instrument operates to specify occupations and the minimum salary levels that correspond to those occupations.

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

• The Department of Employment and Workplace Relations was consulted on the constitution of the list of occupations and the minimum salary levels.
• The Department of Communications, Industry, Technology and the Arts was consulted on the constitution of the list of occupations and minimum salary levels for workers in the Information and Communications Technology (ICT) sector.
• The IT Contract and Recruitment Association, the Australian Information Industry Association and the Australian Chamber of Commerce and Industry were consulted on the constitution of the list of occupations and minimum salary levels for workers in the Information and Communications Technology (ICT) sector.

7.                  The Instrument, IMMI 06/028, takes effect on the day after it is registered on the Federal Register of Legislative Instruments.