Australian Immigration Daily News

The instrument amends Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 (F2018L01108) made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act, 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.

Source: LIN19268.pdf and LIN19268-Explanatory-Statement.pdf

The purpose of the instrument is to implement changes to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019. In particular, the changes that support the new Subclass 494 Skilled Employer Sponsored Regional (Provisional) (Class PE) visa (Subclass 494 visa) and related nomination criteria that comes into effect on 16 November 2019.

Source: LIN19211.pdf and LIN19211-Explanatory-Statement.pdf

The purpose of this instrument is to amend Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018 (IMMI 18/033) to address changes to the Regulations as a result of amendments to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 (the amending Regulations).

Source: LIN19213.pdf and LIN19213-Explanatory-Statement.pdf

The purpose of the instrument is to amend IMMI 18/037 to remove references to “regional Australia” as defined under subregulation 5.19(16) of the Regulations.

As part of the package introducing new regional visas, a new instrument, Migration (LIN 19/217: Regional Areas) Instrument 2019, specifies the parts of Australia that are regional Australia under subregulation 5.19(16) of the Regulations. Amending IMMI 18/037 to remove references to regional Australia ensures two instruments that specify regional Australia for the purposes of subregulation 5.19(16) do not operate concurrently.

Source: LIN19267.pdf and LIN19267-Explanatory-Statement.pdf

The instrument provides that parts of Australia that come within a postcode specified in column 3 of the table in section (3) of Part 2 are specified:

a) to be designated regional areas for the purposes of regulation 1.15M of the Regulations;
b) for the purposes of the definition of regional Australia in subregulation 5.19(16) of the Regulations, and;
c) for the purposes of subparagraph 888.226(2)(c)(i) and paragraph 892.213(3)(b) of Schedule 2 to the Regulations.

Source: LIN19217.pdf and LIN19217-Explanatory-Statement.pdf