Federal Register of Legislation - Australian Government

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IMMI 10/029 Specifications as made
This Specification revokes the Migration Regulations 1994 - Specification under paragraph 457.223(6)(a) and subclause 457.223(11) of Schedule 2 - Exemptions to the English Language Requirement for the Temporary Business (Long Stay) Visa - October 2009 and specifies a level of salary and method paid on a monthly, fortnightly or weekly basis, and classes of applicants to be exempt.
Administered by: Immigration and Citizenship
Registered 22 Jun 2010
Tabling HistoryDate
Tabled HR23-Jun-2010
Tabled Senate23-Jun-2010
Date of repeal 15 Feb 2011
Repealed by Migration Regulations 1994 - Specification of Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Business (Long Stay)) Visas - IMMI 10/086


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”.