# Migration Regulations 1994 - Specification under sub-subparagraphs 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B), 2.72(10)(e)(iii)(B), subregulation 2.86(2B) and subparagraph 457.223(4)(ba)(iv) - Occupations for Nominations in Relation to Subclass 457 (Business (Long Stay)) for Positions other than in the Business of the Nominator - June 2010

> F2010L01412 — as made — Status: Repealed — Made/registered 2010-06-22 — https://www.legislation.gov.au/F2010L01412/latest/text

> _As-made (original) text, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For amended instruments the current compilation may differ; confirm against the official source._

SPECIFICATION OF OCCUPATIONS FOR NOMINATIONS IN RELATION TO SUBCLASS 457 (BUSINESS (LONG STAY)) FOR POSITIONS OTHER THAN IN THE BUSINESS OF THE NOMINATOR
(SUB-SUBPARAGRAPHS 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B) AND 2.72(10)(e)(iii)(B), SUBREGULATION 2.86(2B) AND
SUBPARAGRAPH 457.223(4)(ba)(iv))
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting pursuant to
sub-subparagraphs 2.72(10)(d)(ii)(B), 2.72(10)(d)(iii)(B), 2.72(10)(e)(ii)(B) and 2.72(10)(e)(iii)(B) of Division 2.17 of Part 2A of the Migration Regulations 1994 (‘the Regulations’), subregulation 2.86(2B) of Division 2.19 of Part 2A of the Regulations, and subparagraph 457.223(4)(ba)(iv) of Schedule 2 to the Regulations:
• REVOKE Instrument number IMMI 09/106 signed on 7 September 2009; AND

2.                   SPECIFY for the purposes of sub-subparagraphs 2.72(10)(d)(ii)(B) and 2.72(10)(d)(iii)(B) of the Regulations, the occupations set out in Column 1 of the Schedule to this Instrument; AND
3.                   SPECIFY for the purposes of sub-subparagraphs 2.72(10)(e)(ii)(B) and 2.72(10)(e)(iii)(B) of the Regulations, the occupations set out in Column 2 of the Schedule to this Instrument; AND
4.                   SPECIFY for the purposes of subregulation 2.86(2B) of the Regulations the occupations set out in Columns 1 and 2 of the Schedule to this Instrument; AND
5.                   SPECIFY for the purposes of subparagraph 457.223(4)(ba)(iv) of Schedule 2 to the Regulations the occupations set out in Columns 1 and 2 of the Schedule to this Instrument.

This Instrument number IMMI 10/030 commences on 1 July 2010 immediately after the commencement of the Migration Amendment Regulations 2010 (No. 6).
Dated 17 June  2010
CHRIS EVANS
Minister for Immigration and Citizenship
NOTE 1:  Subparagraph 2.72(10)(d)(ii) provides that, for an application for the approval of a nomination made before 1 July 2010, by a standard business sponsor, if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia, the Minister must be satisfied that the person has certified as part of the nomination, in writing, that the nominated occupation is an occupation specified by the Minister in an instrument in writing for sub-subparagraph 2.72(10)(d)(ii)(B).
NOTE 2: Subparagraph 2.72(10)(d)(iii) provides that, for an application for the approval of a nomination made before 1 July 2010, by a standard business sponsor, if the person lawfully operates a business in Australia, the Minister must be satisfied that the person has certified as part of the nomination, in writing, that the nominated occupation is an occupation specified by the Minister in an instrument in writing for sub-subparagraph 2.72(10)(d)(iii)(B).
NOTE 3: Subparagraph 2.72(10)(e)(ii) provides that for an application for the approval of a nomination  on or after 1 July 2010, by a standard business sponsor, if the person is lawfully operating a business outside Australia but does not lawfully operate a business in Australia, the Minister must be satisfied that the person has certified as part of the nomination, in writing, that the nomination occupation is an occupation specified by the Minister in an instrument in writing for sub-subparagraph 2.72(10)(e)(ii)(B).
NOTE 4: Subparagraph 2.72(10)(e)(iii) provides that for an application for the approval of a nomination made on or after 1 July 2010, by a standard business sponsor, if the person lawfully operates a business in Australia, the Minister must be satisfied that the person has certified as part of the nomination, in writing, that the nominated occupation is an occupation specified by the Minister in an instrument in writing for sub-subparagraph 2.72(10)(e)(iii)(B).
NOTE 5: Subregulation 2.86(2B) provides that if the Minister specifies an occupation in an instrument in writing, a primary sponsored person may be engaged in that occupation as an independent contractor by the approved sponsor or an associated entity of the approved sponsor.
NOTE 6: Paragraph 457.223(4)(ba) provides that if the business activities of the person who made the approved nomination include activities relating to either or both of the recruitment of labour for supply to other unrelated businesses or the hiring of labour to other unrelated businesses, the Minister must be satisfied that either the occupation must be undertaken in a position with a business, or associated entity, of the person who made the approved nomination, or the occupation is specified by the Minister in an instrument in writing for subparagraph 457.223(4)(ba)(iv).

Schedule
	Column 1
	Column 2

	Occupation
	ASCO
Code
	Occupation
	ANZSCO
Code

	General Manager
	1112-11
	Chief Executive or Managing Director
	111111

	General Medical Practitioner
	2311-11
	Corporate General Manager
	111211

	Medical Practitioner in Training
	2311-81
	General Medical Practitioner
	253111

	Anaesthetist
	2312-11
	Resident Medical Officer
	253112

	Dermatologist
	2312-13
	Anaesthetist
	253211

	Emergency Medicine Specialist
	2312-15
	Specialist Physician (General Medicine)
	253311

	Obstetrician and Gynaecologist
	2312-17
	Cardiologist
	253312

	Ophthalmologist
	2312-19
	Clinical Haematologist
	253313

	Paediatrician
	2312-21
	Medical Oncologist
	253314

	Pathologist
	2312-23
	Endocrinologist
	253315

	Specialist Physician
	2312-25
	Gastroenterologist
	253316

	Psychiatrist
	2312-27
	Intensive Care Specialist
	253317

	Radiologist
	2312-29
	Neurologist
	253318

	Surgeon
	2312-31
	Paediatrician
	253321

	Specialist Medical Practitioners nec
	2312-79
	Paediatrician
	253321

Renal Medicine Specialist
	253322

Rheumatologist
	253323

Thoracic Medicine Specialist
	253324

Specialist Physician nec
	253399

Psychiatrist
	253411

Surgeon (General)
	253511

Cardiothoracic Surgeon
	253512

Neurosurgeon
	253513

Orthopaedic Surgeon
	253514

Otorhinolaryngologist
	253515

Paediatric Surgeon
	253516

Plastic and Reconstructive Surgeon
	253517

Urologist
	253518

Vascular Surgeon
	253521

Dermatologist
	253911

Emergency Medicine Specialist
	253912

Obstetrician and Gynaecologist
	253913

Ophthalmologist
	253914

Pathologist
	253915

Diagnostic and Interventional Radiologist
	253917

Radiation Oncologist
	253918

Medical Practitioners nec
	253999

Schedule (Continued)
In this Instrument:
• ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010.  This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at http://www.abs.gov.au.

2.                   ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, published by the Australian Bureau of Statistics on 31 July 1997.  This is the ASCO - Second Edition (ABS Catalogue No. 1220.0) and is available online at http://www.abs.gov.au.
3.                   nec means “not elsewhere classified”.
