Specification of Occupations, a Person or Body, a Country or Countries Amendment Instrument 2016/118

Administered by Department of Home Affairs

Legislation au F2016L01787 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFICATION OF OCCUPATIONS, A PERSON OR BODY, A COUNTRY OR COUNTRIES AMENDMENT INSTRUMENT 2016/118

(paragraph 2.72B(3)(b))

  1. Amendment Instrument IMMI 16/118 is made under paragraph 2.72B(3)(b) of the Migration Regulations 1994 (the Regulations).
  2. Under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
  3. Specification of Occupations, a Person or Body, a Country or Countries Amendment Instrument 2016/118 makes amendments to IMMI 16/059 – Specification of Occupations, a Person or Body, a Country or Countries 2016/059.
  4. The purpose of the Instrument is to specify the occupations and their corresponding
    6-digit code in relation to the nominated occupational training in applications made on or after 19 November 2016 for a Subclass 407 Training visa. The Subclass 407 (Training) visa forms part of the Department of Immigration and Border Protection’s project to streamline temporary activity visas. This project is given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
  5. Extensive consultation was undertaken for the development of the new visa framework for temporary activity visas that is given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016.
  6. The Department of Immigration and Border Protection (the Department) consulted extensively in developing the new visa framework. In September 2014, the Department issued a discussion paper and received 68 submissions. The submissions were considered in the formulation of a proposed framework that was released for consultation in December 2014. Responses were received from 71 industry stakeholders. In April 2015, the Department again sought stakeholder views by conducting a survey and received 1177 responses. The responses were considered by the Department in formulating the final framework.
  7. Adjacent to this review, the Department and the Ministry for the Arts undertook a joint review of the Entertainment (subclass 420) visa and released a discussion paper on 12 January 2015, which provided an overview of a range of deregulation opportunities and proposed changes to longstanding VAC concessions. Sixty-three key stakeholders, including unions, entertainment bodies, current sponsors, relevant government agencies and migration agents were advised of the review. The department met with a number of stakeholders to discuss their comments about the range of deregulation opportunities raised in the paper. Most recently, public information sessions on the temporary activity visas were conducted in Perth, Melbourne, Brisbane and Sydney from 23 to 30 September 2016.
  8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19898)
  9. Under section 42 of the Legislation Act 2003, the Instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided at Attachment A to this Explanatory Statement.
  10. The Instrument commences immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Occupations, a Person or Body, a Country or Countries Amendment for the Purposes of Subclass 407 (Training) Visa Instrument IMMI 2016/118

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The Australian Government recently simplified and streamlined temporary work visas. The new Subclass 407 (Training) visa replaced the Subclass 402 (Training and Research) visa. This new visa subclass is for applicants who enter Australia to undertake occupational training for up to two years. The new visa and its requirements are similar to the repealed Subclass 402 (Training and Research) visa.

The purpose of the Legislative Instrument is to specify the skilled occupations and their 6‑digit codes to which the occupational training must relate in order for a person to be nominated for a Subclass 407 (Training) visa according to paragraph 2.72B(3)(b) of the Migration Regulations 1994 (Cth) (Migration Regulations). Specifically, for the purposes of paragraph 2.72B(3)(b) of the Migration Regulations, the occupations and their corresponding 6-digit codes are listed in Columns A and B of Schedule 1.  Columns A and B of Schedule 2 to the Legislative Instrument, pertain to the nominated occupational training in relation to an application made on after 19 November 2016 for a Subclass 407 (Training) visa.

The application fee for a Subclass 407 (Training) visa has been reduced (from $380 to $275) compared to the visa that it replaced.

 

Human rights implications

This Legislative Instrument has been considered against each of the seven core international human rights treaties.  To the extent that the Legislative Instrument applies to persons within Australia’s territory and jurisdiction, the Legislative Instrument positively engages the rights in Articles 6 and 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  It does this by allowing visa holders to access occupational training programmes that support their professional development in their chosen occupation as well providing educational opportunities.

 

Conclusion

This Legislative Instrument is compatible with human rights as it positively engages and supports the rights set out in Articles 6 and 13 of the ICESCR.

 

The Hon. Peter Dutton, Minister for Immigration and Border Protection

 

 

Overview

The Specification of Occupations, a Person or Body, a Country or Countries Amendment Instrument 2016/118 was enacted to specify the occupations and their corresponding 6-digit codes for the nominated occupational training in applications made on or after 19 November 2016 for a Subclass 407 Training visa. This Instrument was made under paragraph 2.72B(3)(b) of the Migration Regulations 1994, which was amended to provide for the new Subclass 407 (Training) visa as part of the Department of Immigration and Border Protection’s project to streamline temporary activity visas. This was implemented through the Migration Amendment (Temporary Activity Visas) Regulation 2016. The policy objective was to provide clarity and efficiency in the visa application process, ensuring that applicants for a Subclass 407 visa are properly nominated for the relevant occupational training. The Department of Immigration and Border Protection undertook extensive consultation with stakeholders to develop the new visa framework, including discussions and surveys with industry stakeholders, unions, entertainment bodies, current sponsors, relevant government agencies, and migration agents. The Office of Best Practice Regulation advised that a Regulatory Impact Statement was not required for this Instrument. The Instrument is subject to disallowance and a Statement of Compatibility with Human Rights has been provided, confirming its compatibility with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative amendment aims to positively engage and support the rights in Articles 6 and 13 of the International Covenant on Economic, Social and Cultural Rights by allowing visa holders to access occupational training programs.

Scope and Application

The Amendment Instrument, IMMI 16/118, pertains to the Migration Regulations 1994, specifically targeting the specification of occupations and their corresponding 6-digit codes relevant to the nominated occupational training for applications made on or after 19 November 2016 for a Subclass 407 (Training) visa. This amendment is part of a broader initiative by the Department of Immigration and Border Protection to streamline temporary activity visas. The regulation applies to individuals seeking the Subclass 407 visa, which allows for occupational training in Australia for up to two years. The amendment specifies the occupations and their corresponding 6-digit codes that applicants must relate to in order to be nominated for this visa, as outlined in Schedule 1 of the Instrument. The application fee for this visa has been reduced, making it more accessible. This legislative change is made under the authority provided by the Migration Act 1958 and is subject to disallowance, with a Statement of Compatibility with Human Rights provided to ensure alignment with international human rights standards. The changes outlined in the Instrument are effective immediately after the commencement of the Migration Amendment (Temporary Activity Visas) Regulation 2016.

Key Provisions

The Migration Regulations 1994, as amended by the Specification of Occupations, a Person or Body, a Country or Countries Amendment Instrument 2016/118 (the Instrument), primarily focus on the detailed specifications of skilled occupations and their corresponding 6-digit codes for applicants seeking a Subclass 407 (Training) visa. Section 2.72B(3)(b) of the Regulations now lists these occupations and codes, ensuring clarity and specificity in the nomination process for training visas (Schedule 1, Columns A and B). This amendment applies to applications made on or after 19 November 2016. The purpose of these specifications is to streamline the process for applicants who wish to undertake occupational training in Australia for up to two years. This change aims to replace the previous Subclass 402 (Training and Research) visa with the new Subclass 407 visa, simplifying the temporary work visa framework. The Instrument imposes several obligations on both the applicants and the Department of Immigration and Border Protection. For applicants, it is now mandatory to specify their nominated occupation using the correct 6-digit code as per the new regulations. This specificity ensures that the training is aligned with the required standards and is relevant to the occupation the applicant intends to pursue in Australia. For the Department, it entails ensuring that all applications are reviewed against the updated specifications and that the correct occupational codes are applied. The Department must also ensure that the specified occupations and codes are accurately reflected in all relevant documentation and communication to applicants and stakeholders. Failure to comply with the requirements of the Instrument may result in various consequences. For applicants, incorrect or incomplete specification of the occupation or its 6-digit code may lead to visa application refusal. This refusal could result in the applicant being unable to undertake the intended occupational training in Australia. Additionally, if the Department identifies that an applicant has provided incorrect information or failed to comply with the new specifications, it may pursue further actions, including the potential revocation of the visa if already granted. The penalties for providing false or misleading information can be severe and may include fines and potential exclusion from future visa applications. It is essential for both applicants and the Department to adhere strictly to the requirements to avoid these adverse outcomes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.