Australian Immigration Daily News

The instrument repeals the Migration (LIN 20/104: Subclass 462 (Work and Holiday) Visa – Specified Areas of Australia and Kinds of Work) Instrument 2020 (LIN 20/104) (F2020L00223) made under regulation 1.15FA of the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that 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.

The instrument operates to specify, under 1.15FA of the Regulations, areas of Australia and kinds of work for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations. Paragraphs 462.218(a) and 462.219(a) of Schedule 2 to the Regulations require an applicant for a second or third Subclass 462 (Work and Holiday) visa (Subclass 462 visa) to have carried out a period or periods of specified Subclass 462 work.

The purpose of the instrument is to specify critical COVID-19 work in the healthcare and medical sectors carried out after 31 January 2020 in any Australian postcode area for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations. COVID-19 is defined in section 4 of the instrument.

Source: LIN20184.pdf and LIN20184-Explanatory-Statement.pdf