1 Name of regulation
This regulation is the Migration Amendment (Skills Assessment) Regulation 2013.
2 Commencement
This regulation commences on 28 October 2013.
3 Authority
This regulation is made under the Migration Act 1958.
4 Schedule(s)
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Migration Regulations 1994
1 At the end of regulation 2.26B
Add:
(3) A relevant assessing authority may set different standards for assessing a skilled occupation for different visa classes or subclasses.
2 Subitem 1137(4) of Schedule 1 (table item 4, paragraph (c))
Repeal the paragraph, substitute:
(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa
3 Subitem 1138(4) of Schedule 1 (table item 4, paragraph (c))
Repeal the paragraph, substitute:
(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa
4 Subitem 1230(4) of Schedule 1 (table item 4, paragraph (c))
Repeal the paragraph, substitute:
(c) for which the applicant declares in the application that the applicant’s skills have been assessed as suitable by the relevant assessing authority and that the assessment is not for a Subclass 485 (Temporary Graduate) visa
5 Subclause 186.234(2) of Schedule 2
Omit “Both”, substitute “All”.
6 After paragraph 186.234(2)(a) of Schedule 2
Insert:
(aa) the assessment is not for a Subclass 485 (Temporary Graduate) visa;
7 Paragraph 187.234(b) of Schedule 2
After “authority for the occupation”, insert “and the assessment was not for a Subclass 485 (Temporary Graduate) visa”
8 Subclause 189.212(1) of Schedule 2
Repeal the subclause, substitute:
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa.
9 Subclause 190.212(1) of Schedule 2
Repeal the subclause, substitute:
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa.
10 Subclause 489.222(1) of Schedule 2
Repeal the subclause, substitute:
(1) At the time of invitation to apply for the visa:
(a) the relevant assessing authority had assessed the applicant’s skills as suitable for the applicant’s nominated skilled occupation; and
(b) the assessment was not for a Subclass 485 (Temporary Graduate) visa.
11 Part 6D.11 of Schedule 6D (table item 6D111, paragraph (e))
After “for the occupation”, insert “and the assessment was not for a Subclass 485 (Temporary Graduate) visa”
12 At the end of Schedule 13
Add:
Part 22—Amendments made by the Migration Amendment (Skills Assessment) Regulation 2013
2201 Operation of Schedule 1
(1) The amendments of these Regulations made by items [5] to [7] of Schedule 1 to the Migration Amendment (Skills Assessment) Regulation 2013 apply in relation to an application for a visa made on or after 28 October 2013.
(2) The amendments of these Regulations made by items [2] to [4] and [8] to [11] of Schedule 1 to the Migration Amendment (Skills Assessment) Regulation 2013 apply in relation to an application for a visa made on or after 28 October 2013 as a result of an invitation in writing on or after 28 October 2013 by the Minister to apply for the visa.