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

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:

1. 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

Schedule (Continued)

In this Instrument:

1. 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”.