Federal Register of Legislation - Australian Government

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IMMI 05/087 Specifications as made
This instrument specifies the definitions of 'seasonal work' and 'regional Australia'.
Administered by: Immigration and Citizenship
Registered 31 Oct 2005
Tabling HistoryDate
Tabled HR02-Nov-2005
Tabled Senate07-Nov-2005
Date of repeal 01 Jul 2006
Repealed by Revoked by Migration Regulations 1994 - Specification under regulation 1225(5) - Working Holiday Maker Visa - definitions of 'seasonal work' and 'regional Australia' (11/05/2006).



Migration Regulations 1994



(REGULATION 1225(5))


1.                  This Instrument is made under subitem 1225(5) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).


2.                  Subitem 1225(5) provides that for the purposes of a Working Holiday Maker Visa, the definitions of ‘seasonal work’ and ‘regional Australiaare to be specified in a Gazette Notice. 


3.                  The purpose of the Instrument is to define the terms ‘seasonal work’ and ‘regional Australia.


4.                  The Instrument operates to restrict the location and type of work that may be considered to satisfy the requirements of a second working holiday visa.


5.                  The Instrument will be used by decision-makers in determining whether the location and type of work undertaken by an applicant for a second working holiday visa is consistent with what is considered to meet the requirements under subclause 417.211(4) of Schedule 2 and 1225(3)(B) of Schedule 1 of the Regulations.


6.                  The definitions are intended to ensure that people who wish to apply for a second working holiday visa undertake work in the horticultural industry in areas of Australia that are considered low population or low growth.  The horticultural industry has been recognised as experiencing chronic and severe labour shortages.  By restricting the type of work that will be recognised as consistent with the requirements to that defined within the instrument, maximum benefit will be felt by the horticultural industry.


7.                              Consultation was undertaken before the instrument was made as follows:

    • Consultations have taken place with a wide cross-section of the horticultural and agricultural industries.  The National Farmers Federation was involved with the development of the definition of ‘seasonal work’.  These consultations took place during May and June of 2005.  
    • As part of this process, the NFF also sought the views of the Victorian Farmers Federation.


8.         The instrument commences on 1 November 2005.