Migration (IMMI 17/092: Areas of Australia and kinds of work – specified Subclass 462 work) Instrument 2017

I, Michael Willard, Senior Executive Service Band 1, make the following instrument.

Dated 28 August   2017

Michael Willard

Michael Willard  

Senior Executive Service Band 1, Economic Policy Branch, and delegate of the Minister for Immigration and Border Protection

Contents

Part 1 - Preliminary

1 Name

2 Commencement

3 Authority

4 Definitions

5 Schedules

Part 2 - Areas of Australia and kinds of work 

6 Areas of Australia and kinds of work.............................2

Schedule 1— Areas of Australia

Schedule 2— Kinds of work - Tourism and Hospitality Industry

Schedule 3— Kinds of work - Agriculture Industry

Schedule 4—Repeals

Areas of Work and Kinds of Work – Specified Subclass 462 Work 2016/097 

Part 1 – Preliminary

1  Name

1.     This instrument is the Migration (IMMI 17/092: Areas of Australia and kinds of work – specified Subclass 462 work) Instrument 2017.
2.     This instrument may be cited as IMMI 17/092.

2  Commencement

1.      Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1.     Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under regulation 1.15FA of the Regulations.

4  Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including ANZSCO.

Regulations means the Migration Regulations 1994.

5  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2 – Areas of Australia and kinds of work

6  Areas of Australia and kinds of work

 (1) For the purposes of paragraph (a) of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations, each area of a State or Territory that comes within the postcode mentioned in Schedule 1 for that State or Territory is specified.

 (2) For the purposes of paragraph (b) of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations, the following kinds of work are specified:

 (a) each kind of work in the tourism and hospitality industry listed in Schedule 2; and

 (b) each kind of work in the agriculture industry listed in Schedule 3.

Schedule 1 – Areas of Australia

Schedule 2 – Kinds of work: Tourism and Hospitality Industry

Schedule 3 – Kinds of work: Agriculture Industry

1.       Plant and animal cultivation

1.     the harvesting and/or packing of fruit and vegetable crops;
2.     pruning and trimming vines and trees;
3.     general maintenance crop work;
4.     cultivating or propagating plants, fungi or their products or parts;
5.     immediate processing of plant products;
6.      maintaining animals for the purpose of selling them or their bodily produce, including natural increase;
7.     immediate processing of animal products including shearing, butchery, packing and tanning;
8.     manufacturing dairy produce from raw material.

Note: For paragraph (b), this must be the applicants primary employment task and directly associated with the cultivation and commercial sale of plant produce, such as fruit and nut crops (commercial horticultural activities). General garden maintenance is not eligible.

Note: For paragraph (g), secondary processing of animal products, such as small goods processing and retail butchery is not eligible.

1.       Fishing and pearling

1.     conducting operations relating directly to taking or catching fish and other aquatic species;
2.     conducting operations relating directly to taking or culturing pearls or pearl shell.
   1.       Tree farming and felling

1.     planting or tending trees in a plantation or forest that are intended to be felled;
2.     felling trees in a plantation or forest;
3.     transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or from which they are to be transported to the place where they are to be milled or processed.

Schedule 4 – Repeals

Areas of Work and Kinds of Work – Specified Subclass 462 Work 2016/097

1  The whole of the instrument

Repeal the instrument.