Commonwealth of Australia
Migration Regulations 1994
0BLEVEL OF SALARY AND EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR SUBCLASS 457 (BUSINESS (LONG STAY)) VISAS
(PARAGRAPH 457.223(6)(a) AND SUBCLAUSE 457.223(11))
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under paragraph 457.223(6)(a) and subclause 457.223(11) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
1. REVOKE Instrument number IMMI 09/118, signed on 10 October 2009, which specified the level of salary that is worked out in a way specified for paragraph 457.223(6)(a) of Schedule 2 to the Regulations, and specified a class of applicants for the meaning of exempt applicant under subclause 457.223(11) of Schedule 2 to the Regulations; AND
2. SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, the following way of working out the level of salary:
An annual salary, paid on a monthly, fortnightly or weekly basis, at a base rate of pay which is equal to or greater than the applicable base salary, where:
the base rate of pay is the person’s rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following:
(a) incentive-based payments and bonuses;
(b) loadings;
(c) monetary allowances;
(d) overtime or penalty rates;
(e) any other separately identifiable amounts; and
the applicable base salary is AUD 85,090 per annum.
Note: The definition of base rate of pay is based on the definition given in section 16 of the
Fair Work Act 2009.
3. SPECIFY for the purposes of the meaning of “exempt applicant” under subclause 457.223(11) of Schedule 2 to the Regulations, the following classes of applicants to be an exempt applicant:
(a) applicants who are:
(i) nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership, and
(ii) the holder of a passport of any of the following countries:
(A) Canada;
(B) New Zealand;
(C) the Republic of Ireland;
(D) the United Kingdom; or
(E) the United States of America;
(b) applicants who are:
(i) the subject of an approved nomination and the application for approval of the nomination was made before 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and
(ii) nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is in the ASCO Major Groups 1 – 3, excluding Head Chef 3322-01 and Chef 3322-11, except where an applicant has been nominated for Head Chef or Chef and has lodged an application before 14 April 2009;
(c) applicants who are:
(i) the subject of an approved nomination and the application for approval of the nomination was made on or after 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and
(ii) nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is set out in the Schedule to this Instrument;
(d) applicants who:
(i) are nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and
(ii) have completed at least 5 consecutive years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English;
(e) applicants who are:
(i) nominated in relation to an activity or occupation by a standard business sponsor approved under regulation 1.20D or 1.20DA or 2.59 of the Regulations; and
(ii) nominated in relation to activity or occupation that will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia.
4. For the purposes of Item (3) of this Instrument:
(a) in relation to secondary education, “full-time study” means the standard number of contact hours that a student would undertake in the relevant country; and
(b) in relation to tertiary education, “full-time study” means the completion of at least three subjects in each semester or trimester of study.
5. This Instrument, number IMMI 10/029, commences on 1 July 2010.
Dated 17 June 2010
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Paragraph 457.223(6)(a) applies to an applicant for a Subclass 457 (Business (Long Stay)) visa if the applicant will be paid, in connection with the occupation nominated in relation to the applicant, a level of salary that is at least the level of salary worked out in a way specified by the Minister in an instrument in writing for the paragraph.
NOTE 2: Subclause 457.223(11) provides that in subclause 457.223(4), exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for the subclause.]
Schedule
OCCUPATION | ANZSCO Code |
Chief Executive or Managing Director | 111111 |
Corporate General Manager | 111211 |
Aquaculture Farmer | 121111 |
Cotton Grower | 121211 |
Flower Grower | 121212 |
Fruit or Nut Grower | 121213 |
Grain, Oilseed or Pasture Grower | 121214 |
Grape Grower | 121215 |
Mixed Crop Farmer | 121216 |
Turf Grower | 121218 |
Vegetable Grower | 121221 |
Crop Farmers nec | 121299 |
Apiarist | 121311 |
Beef Cattle Farmer | 121312 |
Dairy Cattle Farmer | 121313 |
Deer Farmer | 121314 |
Goat Farmer | 121315 |
Horse Breeder | 121316 |
Mixed Livestock Farmer | 121317 |
Pig Farmer | 121318 |
Poultry Farmer | 121321 |
Sheep Farmer | 121322 |
Livestock Farmers nec | 121399 |
Mixed Crop and Livestock Farmer | 121411 |
Sales and Marketing Manager | 131112 |
Advertising Manager | 131113 |
Public Relations Manager | 131114 |
Corporate Services Manager | 132111 |
Finance Manager | 132211 |
Human Resource Manager | 132311 |
Policy and Planning Manager | 132411 |
Research and Development Manager | 132511 |
Construction Project Manager | 133111 |
Project Builder | 133112 |
Engineering Manager | 133211 |
Importer or Exporter | 133311 |
Wholesaler | 133312 |
Manufacturer | 133411 |
Production Manager (Forestry) | 133511 |
Production Manager (Manufacturing) | 133512 |
Production Manager (Mining) | 133513 |
Supply and Distribution Manager | 133611 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Child Care Centre Manager | 134111 |
Medical Administrator | 134211 |
Nursing Clinical Director | 134212 |
Primary Health Organisation Manager | 134213 |
Welfare Centre Manager | 134214 |
Health and Welfare Services Managers nec | 134299 |
School Principal | 134311 |
Faculty Head | 134411 |
Regional Education Manager | 134412 |
Education Managers nec | 134499 |
Chief Information Officer | 135111 |
ICT Project Manager | 135112 |
ICT Managers nec | 135199 |
Commissioned Fire Officer | 139112 |
Commissioned Police Officer | 139113 |
Arts Administrator or Manager | 139911 |
Environmental Manager | 139912 |
Laboratory Manager | 139913 |
Quality Assurance Manager | 139914 |
Sports Administrator | 139915 |
Café or Restaurant Manager | 141111 |
Caravan Park and Camping Ground Manager | 141211 |
Hotel or Motel Manager | 141311 |
Licensed Club Manager | 141411 |
Bed and Breakfast Operator | 141911 |
Retirement Village Manager | 141912 |
Accommodation and Hospitality Managers nec | 141999 |
Antique Dealer | 142112 |
Betting Agency Manager | 142113 |
Hair or Beauty Salon Manager | 142114 |
Post Office Manager | 142115 |
Travel Agency Manager | 142116 |
Amusement Centre Manager | 149111 |
Fitness Centre Manager | 149112 |
Sports Centre Manager | 149113 |
Call or Contact Centre Manager | 149211 |
Customer Service Manager | 149212 |
Conference and Event Organiser | 149311 |
Fleet Manager | 149411 |
Railway Station Manager | 149412 |
Transport Company Manager | 149413 |
Cinema or Theatre Manager | 149912 |
Facilities Manager | 149913 |
Financial Institution Branch Manager | 149914 |
Equipment Hire Manager | 149915 |
Actor | 211111 |
Dancer or Choreographer | 211112 |
Entertainer or Variety Artist | 211113 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Actors, Dancers and Other Entertainers nec | 211199 |
Composer | 211211 |
Music Director | 211212 |
Musician (Instrumental) | 211213 |
Singer | 211214 |
Music Professionals nec | 211299 |
Photographer | 211311 |
Painter (Visual Arts) | 211411 |
Potter or Ceramic Artist | 211412 |
Sculptor | 211413 |
Visual Arts and Crafts Professionals nec | 211499 |
Artistic Director | 212111 |
Media Producer (excluding Video) | 212112 |
Radio Presenter | 212113 |
Television Presenter | 212114 |
Author | 212211 |
Book or Script Editor | 212212 |
Art Director (Film, Television or Stage) | 212311 |
Director (Film, Television, Radio or Stage) | 212312 |
Director of Photography | 212313 |
Film and Video Editor | 212314 |
Program Director (Television or Radio) | 212315 |
Stage Manager | 212316 |
Technical Director | 212317 |
Video Producer | 212318 |
Film, Television, Radio and Stage Directors nec | 212399 |
Copywriter | 212411 |
Newspaper or Periodical Editor | 212412 |
Print Journalist | 212413 |
Radio Journalist | 212414 |
Technical Writer | 212415 |
Television Journalist | 212416 |
Journalists and Other Writers nec | 212499 |
Accountant (General) | 221111 |
Management Accountant | 221112 |
Taxation Accountant | 221113 |
Company Secretary | 221211 |
Corporate Treasurer | 221212 |
External Auditor | 221213 |
Internal Auditor | 221214 |
Commodities Trader | 222111 |
Finance Broker | 222112 |
Insurance Broker | 222113 |
Financial Brokers nec | 222199 |
Financial Market Dealer | 222211 |
Futures Trader | 222212 |
Stockbroking Dealer | 222213 |
Financial Dealers nec | 222299 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Financial Investment Adviser | 222311 |
Financial Investment Manager | 222312 |
Human Resource Adviser | 223111 |
Recruitment Consultant | 223112 |
Workplace Relations Adviser | 223113 |
ICT Trainer | 223211 |
Training and Development Professional | 223311 |
Actuary | 224111 |
Mathematician | 224112 |
Statistician | 224113 |
Archivist | 224211 |
Gallery or Museum Curator | 224212 |
Health Information Manager | 224213 |
Records Manager | 224214 |
Economist | 224311 |
Intelligence Officer | 224411 |
Policy Analyst | 224412 |
Land Economist | 224511 |
Valuer | 224512 |
Librarian | 224611 |
Management Consultant | 224711 |
Organisation and Methods Analyst | 224712 |
Electorate Officer | 224911 |
Liaison Officer | 224912 |
Patents Examiner | 224914 |
Information and Organisation Professionals nec | 224999 |
Advertising Specialist | 225111 |
Market Research Analyst | 225112 |
Marketing Specialist | 225113 |
ICT Account Manager | 225211 |
ICT Business Development Manager | 225212 |
ICT Sales Representative | 225213 |
Public Relations Professional | 225311 |
Sales Representative (Industrial Products) | 225411 |
Sales Representative (Medical and Pharmaceutical Products) | 225412 |
Aeroplane Pilot | 231111 |
Air Traffic Controller | 231112 |
Flying Instructor | 231113 |
Helicopter Pilot | 231114 |
Air Transport Professionals nec | 231199 |
Master Fisher | 231211 |
Ship’s Engineer | 231212 |
Ship’s Master | 231213 |
Ship’s Officer | 231214 |
Ship’s Surveyor | 231215 |
Marine Transport Professionals nec | 231299 |
Architect | 232111 |
Landscape Architect | 232112 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Surveyor | 232212 |
Cartographer | 232213 |
Other Spatial Scientist | 232214 |
Fashion Designer | 232311 |
Industrial Designer | 232312 |
Industrial Designer | 232312 |
Jewellery Designer | 232313 |
Graphic Designer | 232411 |
Illustrator | 232412 |
Multimedia Designer | 232413 |
Web Designer | 232414 |
Interior Designer | 232511 |
Urban and Regional Planner | 232611 |
Chemical Engineer | 233111 |
Materials Engineer | 233112 |
Civil Engineer | 233211 |
Geotechnical Engineer | 233212 |
Quantity Surveyor | 233213 |
Structural Engineer | 233214 |
Transport Engineer | 233215 |
Electrical Engineer | 233311 |
Electronics Engineer | 233411 |
Industrial Engineer | 233511 |
Mechanical Engineer | 233512 |
Production or Plant Engineer | 233513 |
Mining Engineer (excluding Petroleum) | 233611 |
Petroleum Engineer | 233612 |
Aeronautical Engineer | 233911 |
Agricultural Engineer | 233912 |
Biomedical Engineer | 233913 |
Engineering Technologist | 233914 |
Environmental Engineer | 233915 |
Naval Architect | 233916 |
Engineering Professional nec | 233999 |
Agricultural Consultant | 234111 |
Agricultural Scientist | 234112 |
Forester | 234113 |
Chemist | 234211 |
Food Technologist | 234212 |
Wine Maker | 234213 |
Conservation Officer | 234311 |
Environmental Consultant | 234312 |
Environmental Research Scientist | 234313 |
Park Ranger | 234314 |
Environmental Scientists nec | 234399 |
Geologist | 234411 |
Geophysicist | 234412 |
Life Scientist (General) | 234511 |
Anatomist or Physiologist | 234512 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Biochemist | 234513 |
Biotechnologist | 234514 |
Botanist | 234515 |
Marine Biologist | 234516 |
Microbiologist | 234517 |
Zoologist | 234518 |
Life Scientists nec | 234599 |
Medical Laboratory Scientist | 234611 |
Veterinarian | 234711 |
Conservator | 234911 |
Metallurgist | 234912 |
Meteorologist | 234913 |
Physicist | 234914 |
Natural and Physical Science Professionals nec | 234999 |
Early Childhood (Pre-primary School) Teacher | 241111 |
Primary School Teacher | 241213 |
Middle School Teacher | 241311 |
Secondary School Teacher | 241411 |
Special Needs Teacher | 241511 |
Teacher of the Hearing Impaired | 241512 |
Teacher of the Sight Impaired | 241513 |
Special Education Teachers nec | 241599 |
University Lecturer | 242111 |
University Tutor | 242112 |
Vocational Education Teacher | 242211 |
Education Adviser | 249111 |
Education Reviewer | 249112 |
Art Teacher (Private Tuition) | 249211 |
Dance Teacher (Private Tuition) | 249212 |
Drama Teacher (Private Tuition) | 249213 |
Music Teacher (Private Tuition) | 249214 |
Teacher of English to Speakers of Other Languages | 249311 |
Dietitian | 251111 |
Medical Diagnostic Radiographer | 251211 |
Medical Radiation Therapist | 251212 |
Nuclear Medicine Technologist | 251213 |
Sonographer | 251214 |
Environmental Health Officer | 251311 |
Occupational Health and Safety Adviser | 251312 |
Optometrist | 251411 |
Orthoptist | 251412 |
Hospital Pharmacist | 251511 |
Industrial Pharmacist | 251512 |
Retail Pharmacist | 251513 |
Health Promotion Officer | 251911 |
Orthotist or Prosthetist | 251912 |
Health Diagnostic and Promotion Professionals nec | 251999 |
Chiropractor | 252111 |
Osteopath | 252112 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Acupuncturist | 252211 |
Homoeopath | 252212 |
Naturopath | 252213 |
Traditional Chinese Medicine Practitioner | 252214 |
Complementary Health Therapists nec | 252299 |
Dental Specialist | 252311 |
Dentist | 252312 |
Occupational Therapist | 252411 |
Physiotherapist | 252511 |
Podiatrist | 252611 |
Audiologist | 252711 |
Speech Pathologist | 252712 |
General Medical Practitioner | 253111 |
Resident Medical Officer | 253112 |
Anaesthetist | 253211 |
Specialist Physician (General Medicine) | 253311 |
Cardiologist | 253312 |
Clinical Haematologist | 253313 |
Medical Oncologist | 253314 |
Endocrinologist | 253315 |
Gastroenterologist | 253316 |
Intensive Care Specialist | 253317 |
Neurologist | 253318 |
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 |
Midwife | 254111 |
Nurse Educator | 254211 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Nurse Researcher | 254212 |
Nurse Manager | 254311 |
Nurse Practitioner | 254411 |
Registered Nurse (Aged Care) | 254412 |
Registered Nurse (Child and Family Health) | 254413 |
Registered Nurse (Community Health) | 254414 |
Registered Nurse (Critical Care and Emergency) | 254415 |
Registered Nurse (Developmental Disability) | 254416 |
Registered Nurse (Disability and Rehabilitation) | 254417 |
Registered Nurse (Medical) | 254418 |
Registered Nurse (Medical Practice) | 254421 |
Registered Nurse (Mental Health) | 254422 |
Registered Nurse (Perioperative) | 254423 |
Registered Nurse (Surgical) | 254424 |
Registered Nurses nec | 254499 |
ICT Business Analyst | 261111 |
Systems Analyst | 261112 |
Multimedia Specialist | 261211 |
Web Developer | 261212 |
Analyst Programmer | 261311 |
Developer Programmer | 261312 |
Software Engineer | 261313 |
Software Tester | 261314 |
Software and Applications Programmers nec | 261399 |
Database Administrator | 262111 |
ICT Security Specialist | 262112 |
Systems Administrator | 262113 |
Computer Network and Systems Engineer | 263111 |
Network Administrator | 263112 |
Network Analyst | 263113 |
ICT Quality Assurance Engineer | 263211 |
ICT Support Engineer | 263212 |
ICT Systems Test Engineer | 263213 |
ICT Support and Test Engineers nec | 263299 |
Telecommunications Engineer | 263311 |
Telecommunications Network Engineer | 263312 |
Barrister | 271111 |
Judicial and Other Legal Professionals nec | 271299 |
Solicitor | 271311 |
Careers Counsellor | 272111 |
Drug and Alcohol Counsellor | 272112 |
Family and Marriage Counsellor | 272113 |
Rehabilitation Counsellor | 272114 |
Student Counsellor | 272115 |
Counsellors nec | 272199 |
Clinical Psychologist | 272311 |
Educational Psychologist | 272312 |
Organisational Psychologist | 272313 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Psychotherapist | 272314 |
Psychologists nec | 272399 |
Historian | 272411 |
Interpreter | 272412 |
Translator | 272413 |
Social Professionals nec | 272499 |
Social Worker | 272511 |
Community Arts Worker | 272611 |
Recreation Officer | 272612 |
Welfare Worker | 272613 |
Agricultural Technician | 311111 |
Anaesthetic Technician | 311211 |
Cardiac Technician | 311212 |
Medical Laboratory Technician | 311213 |
Operating Theatre Technician | 311214 |
Pharmacy Technician | 311215 |
Pathology Collector (Aus) / Phlebotomist(NZ) | 311216 |
Medical Technicians nec | 311299 |
Fisheries Officer | 311311 |
Meat Inspector | 311312 |
Quarantine Officer | 311313 |
Primary Products Inspectors nec | 311399 |
Chemistry Technician | 311411 |
Earth Science Technician | 311412 |
Life Science Technician | 311413 |
School Laboratory Technician | 311414 |
Science Technicians nec | 311499 |
Architectural Draftsperson | 312111 |
Building Associate | 312112 |
Building Inspector | 312113 |
Construction Estimator | 312114 |
Plumbing Inspector | 312115 |
Surveying or Spatial Science Technician | 312116 |
Architectural, Building and Surveying Technicians nec | 312199 |
Civil Engineering Draftsperson | 312211 |
Civil Engineering Technician | 312212 |
Electrical Engineering Draftsperson | 312311 |
Electronic Engineering Draftsperson | 312411 |
Electronic Engineering Technician | 312412 |
Mechanical Engineering Draftsperson | 312511 |
Mechanical Engineering Technician | 312512 |
Safety Inspector | 312611 |
Maintenance Planner | 312911 |
Metallurgical or Materials Technician | 312912 |
Mine Deputy | 312913 |
Building and Engineering Technicians nec | 312999 |
Hardware Technician | 313111 |
ICT Customer Support Officer | 313112 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Web Administrator | 313113 |
ICT Support Technicians nec | 313199 |
Radiocommunications Technician | 313211 |
Telecommunications Field Engineer | 313212 |
Telecommunications Network Planner | 313213 |
Telecommunications Technical Officer or Technologist | 313214 |
Engineering Patternmaker | 323411 |
Communications Operator | 342312 |
Gallery or Museum Technician | 399311 |
Library Technician | 399312 |
Interior Decorator | 399912 |
Ambulance Officer | 411111 |
Intensive Care Ambulance Paramedic | 411112 |
Dental Hygienist | 411211 |
Dental Prosthetist | 411212 |
Dental Technician | 411213 |
Dental Therapist | 411214 |
Enrolled Nurse | 411411 |
Mothercraft Nurse | 411412 |
Aboriginal and Torres Strait Islander Health Worker | 411511 |
Massage Therapist | 411611 |
Community Worker | 411711 |
Disabilities Services Officer | 411712 |
Family Support Worker | 411713 |
Parole or Probation Officer | 411714 |
Residential Care Officer | 411715 |
Youth Worker | 411716 |
Emergency Service Worker | 441211 |
Fire Fighter | 441212 |
Detective | 441311 |
Police Officer | 441312 |
Private Investigator | 442214 |
Security Consultant | 442216 |
Beauty Therapist | 451111 |
Funeral Director | 451311 |
Diving Instructor (Open Water) | 452311 |
Gymnastics Coach or Instructor | 452312 |
Horse Riding Coach or Instructor | 452313 |
Snowsport Instructor | 452314 |
Swimming Coach or Instructor | 452315 |
Tennis Coach | 452316 |
Other Sports Coach or Instructor | 452317 |
Dog or Horse Racing Official | 452318 |
Sports Development Officer | 452321 |
Sports Umpire | 452322 |
Other Sports Official | 452323 |
Footballer | 452411 |
Golfer | 452412 |
Schedule (Continued)
OCCUPATION | ANZSCO Code |
Jockey | 452413 |
Sportspersons nec | 452499 |
Contract Administrator | 511111 |
Program or Project Administrator | 511112 |
Bookmaker | 552311 |
Stock and Station Agent | 611112 |
Retail Buyer | 639211 |
Funeral Workers nec | 451399 |
Specialist Managers nec | 139999 |
Hospitality, Retail and Service Managers nec | 149999 |
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 HUhttp://www.abs.gov.auUH.
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 HUhttp://www.abs.gov.auUH .
3. nec means “not elsewhere classified”.