Federal Register of Legislation - Australian Government

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LIN 19/048 Specifications as made
This instrument amends the Migration (LIN 19/048: Specification of Occupations- Subclass 482 Visa) Instrument 2019 to rectify a drafting error by substituting the correct ABN for the NSW Rural Doctors Network Ltd, and to remove inapplicability condition 23 from the occupation of Horse Breeder (ANZSCO code 121316) in the Regional Occupation List to ensure that the instrument reflects the correct policy intention for this occupation.
Administered by: Home Affairs
Registered 20 Mar 2019
Tabling HistoryDate
Tabled HR02-Apr-2019
Tabled Senate02-Apr-2019
Date of repeal 12 Sep 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 19/048: Specification of Occupations—Subclass 482 Visa) Amendment Instrument 2019

(Subregulation 2.72(9))

1.             This instrument is made under subregulation 2.72(9) of the Migration Regulations 1994 (the Regulations).

2.             The instrument repeals and substitutes subparagraph (c)(i) of the definition of health workforce certificate in Section 4 of the Migration (LIN 19/048: Specification of Occupations- Subclass 482 Visa) Instrument 2019 (LIN 19/048). The purpose of this amendment is to rectify a drafting error by substituting the correct ABN for the NSW Rural Doctors Network Ltd.

3.             The instrument also removes inapplicability condition 23 from the occupation of Horse Breeder (ANZSCO code 121316) in the Regional Occupation List (item 12 in the table in subsection 8(3) of LIN 19/048). The purpose of this amendment is to ensure that the instrument reflects the correct policy intention for this occupation.

4.             The Office of Best Practice Regulation (OBPR) was consulted in relation to LIN 19/048 (OBPR Reference: 23806, 23385 and 23390)

5.             Under section 42 of the Legislation Act 2003, the instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided at Attachment A.

6.             The instrument commences on the day after registration on the Federal Register of Legislation.

 

 

ATTACHMENT A

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Migration (LIN 19/048: Specification of Occupations – Subclass 482 visa) Amendment Instrument 2019

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Migration (LIN19/048: Specification of Occupations – Subclass 482) Amendment Instrument 2019

 

The Migration Regulations 1994 (‘the Migration Regulations’) set out requirements for the grant of a Temporary Skill Shortage (subclass 482) visa (‘the TSS visa’). One requirement is that the applicant be nominated by their employer, in an occupation that appears on one of the skilled occupations lists for this subclass of visa. This instrument specifies the lists of skilled occupations and Australian and New Zealand Standard Classification of Occupations (ANZSCO) codes for the assessment of nominations under the relevant Migration Regulations.

 

This instrument makes the following amendments to the Migration (LIN 19/048: Specification of Occupations- Subclass 482 Visa) Instrument 2019:

·         corrects a drafting error in subparagraph (c)(i) of the definition of health workforce certificate in Section 4 by substituting the correct ABN for the NSW Rural Doctors Network Ltd.

·         removes inapplicability condition 23 from the occupation of Horse Breeder (ANZSCO code 121316) in the Regional Occupation List (item 12 in the table in subsection 8(3) of the instrument). The purpose of this amendment is to ensure that the instrument reflects the correct policy intention for this occupation.

 

Human rights implications

 

The instrument has been assessed against the seven core international human rights treaties and it does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill/Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon David Coleman MP

Minister for Immigration, Citizenship and Multicultural Affairs