LIN 19/049
Migration (LIN 19/049: Specification of Occupations and Assessing Authorities – Subclass 186 Visa) Instrument 2019
made under the Migration Regulations 1994
Compilation date 25 November 2023
This compilation was prepared by the Office of Parliamentary Counsel on 5 January 2024 taking into account amendments up to Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023.
This compilation
This is a compilation of the Migration (LIN 19/049: Specification of Occupations – Subclass 186 Visa) Instrument 2019 that shows the text of the law as amended and in force on 25/11/2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1 Introduction 4
1 Name...............................................4
3 Authority............................................4
4 Definitions...........................................4
Part 2 Specification of occupations and assessing authorities 4
6 Specification of occupations and assessing authorities...............4
7 Medium and Long‑term Strategic Skills List...............5
8 Determining whether certain occupations apply to an identified person....13
9 Assessing authorities.....................................14
Part 3 Application and savings provisions 17
10 Application of this instrument..............................17
11 Continued application of IMMI 18/049........................17
12 Amendments made by LIN 20/273............................17
13 Amendments made by LIN 21/009...........................17
14 Amendments made by LIN 23/065...........................18
15 Amendments made by LIN 23/078...........................18
Part 1 Introduction
(1) This instrument is the Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019.
(2) This instrument may also be cited as LIN 19/049.
This instrument is made under the following:
(b) subregulation 5.19(11) of the Migration Regulations 1994;
(c) paragraph 186.234(2)(a) of Schedule 2 to the Migration Regulations 1994.
Note: A number of expressions used in this instrument are defined in the Regulations, including the following:
(a) ANZSCO;
(b) AUD.
In this instrument:
identified person has the meaning given by paragraph 5.19(2)(c) of the Regulations.
international trade obligation means an obligation of Australia under international law that relates to international trade, including such an obligation that arises under any agreement between Australia and another country or other countries.
limited service restaurant includes the following:
(a) a fast food or takeaway food service;
(b) a fast casual restaurant;
(c) a drinking establishment that offers only a limited food service;
(d) a limited service cafe, including a coffee shop or mall cafe;
(e) a limited service pizza restaurant.
Medium and Long‑term Strategic Skills List: see subsection 7(1).
nec is short for not elsewhere classified.
Regulations means the Migration Regulations 1994.
university lecturer includes the following:
(a) a research associate in a university;
(b) a research fellow in a university.
Part 2 Specification of occupations and assessing authorities
6 Specification of occupations and assessing authorities
Occupations—Direct Entry stream
(2) For the purposes of subregulation 5.19(11) of the Regulations:
(a) an occupation listed in column 1 of an item of the Medium and Long‑term Strategic Skills List is specified for the purposes of subregulation 5.19(10) of the Regulations; and
(b) subject to subsection (3), the occupation applies to an identified person if the tasks of the occupation that are to be performed by the identified person correspond to the tasks set out in the ANZSCO code specified for the occupation in column 2 of the item.
Exceptions
(3) However, if:
(a) a number is listed in column 4 of an item of the Medium and Long‑term Strategic Skills List; and
(b) the circumstances set out in column 1 of the table in section 8 of this instrument corresponding to the number so listed apply to the position in which the identified person is to work;
the occupation listed in column 1 of the item of the Medium and Long‑term Strategic Skills List does not apply to the identified person.
Assessing authorities—Direct Entry stream
(4) For the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, an assessing authority listed in column 3 of an item of the Medium and Long‑term Strategic Skills List is the assessing authority for the occupation listed in column 1 of the item.
Note: Clause 186.234 of Schedule 2 to the Regulations sets out criteria that apply only in relation to the Direct Entry stream for the Subclass 186 visa.
7 Medium and Long‑term Strategic Skills List
(1) The occupations set out in the following table are the Medium and Long‑term Strategic Skills List.
Medium and Long‑term Strategic Skills List | ||||
Item | Column 1 Occupation | Column 2 ANZSCO code | Column 3 Assessing authority | Column 4 Applicable circumstances (see section 8) |
1 | chief executive or managing director | 111111 | IML | 5 |
2 | corporate general manager | 111211 | IML | 5 |
3 | construction project manager | 133111 | VETASSESS |
|
4 | engineering manager | 133211 | (a) Engineers Australia; or (b) IML |
|
5 | child care centre manager | 134111 | ACECQA |
|
6 | nursing clinical director | 134212 | ANMAC |
|
7 | primary health organisation manager | 134213 | VETASSESS |
|
8 | welfare centre manager | 134214 | ACWA |
|
9 | faculty head | 134411 | VETASSESS |
|
10 | chief information officer | 135111 | ACS |
|
11 | arts administrator or manager | 139911 | VETASSESS |
|
12 | environmental manager | 139912 | VETASSESS |
|
13 | dancer or choreographer | 211112 | VETASSESS |
|
14 | music director | 211212 | VETASSESS |
|
15 | musician (instrumental) | 211213 | VETASSESS |
|
16 | artistic director | 212111 | VETASSESS |
|
17 | accountant (general) | 221111 | (a) CPAA; or (b) IPA; or (c) CAANZ | 6, 19, 21 |
18 | management accountant | 221112 | (a) CPAA; or (b) IPA; or (c) CAANZ | 6, 19, 21 |
19 | taxation accountant | 221113 | (a) CPAA; or (b) IPA; or (c) CAANZ | 6, 19, 21 |
20 | external auditor | 221213 | (a) CPAA; or (b) IPA; or (c) CAANZ |
|
21 | internal auditor | 221214 | VETASSESS |
|
22 | actuary | 224111 | VETASSESS |
|
23 | statistician | 224113 | VETASSESS |
|
24 | economist | 224311 | VETASSESS |
|
25 | land economist | 224511 | VETASSESS |
|
26 | valuer | 224512 | VETASSESS |
|
27 | management consultant | 224711 | VETASSESS | 19, 21, 23 |
28 | architect | 232111 | AACA |
|
29 | landscape architect | 232112 | VETASSESS |
|
30 | surveyor | 232212 | SSSI |
|
31 | cartographer | 232213 | VETASSESS |
|
32 | other spatial scientist | 232214 | VETASSESS |
|
33 | chemical engineer | 233111 | Engineers Australia |
|
34 | materials engineer | 233112 | Engineers Australia |
|
35 | civil engineer | 233211 | Engineers Australia |
|
36 | geotechnical engineer | 233212 | Engineers Australia |
|
37 | quantity surveyor | 233213 | AIQS |
|
38 | structural engineer | 233214 | Engineers Australia |
|
39 | transport engineer | 233215 | Engineers Australia |
|
40 | electrical engineer | 233311 | Engineers Australia |
|
41 | electronics engineer | 233411 | Engineers Australia |
|
42 | industrial engineer | 233511 | Engineers Australia |
|
43 | mechanical engineer | 233512 | Engineers Australia |
|
44 | production or plant engineer | 233513 | Engineers Australia |
|
45 | mining engineer (excluding petroleum) | 233611 | Engineers Australia |
|
46 | petroleum engineer | 233612 | Engineers Australia |
|
47 | aeronautical engineer | 233911 | Engineers Australia |
|
48 | agricultural engineer | 233912 | Engineers Australia |
|
49 | biomedical engineer | 233913 | Engineers Australia |
|
50 | engineering technologist | 233914 | Engineers Australia |
|
51 | environmental engineer | 233915 | Engineers Australia |
|
52 | naval architect | 233916 | Engineers Australia |
|
53 | engineering professionals (nec) | 233999 | Engineers Australia |
|
54 | agricultural consultant | 234111 | VETASSESS |
|
55 | agricultural scientist | 234112 | VETASSESS |
|
56 | forester | 234113 | VETASSESS |
|
57 | chemist | 234211 | VETASSESS |
|
58 | food technologist | 234212 | VETASSESS |
|
59 | environmental consultant | 234312 | VETASSESS |
|
60 | environmental research scientist | 234313 | VETASSESS |
|
61 | environmental scientists (nec) | 234399 | VETASSESS |
|
62 | geophysicist | 234412 | VETASSESS |
|
63 | hydrogeologist | 234413 | VETASSESS |
|
64 | life scientist (general) | 234511 | VETASSESS |
|
65 | biochemist | 234513 | VETASSESS |
|
66 | biotechnologist | 234514 | VETASSESS |
|
67 | botanist | 234515 | VETASSESS |
|
68 | marine biologist | 234516 | VETASSESS |
|
69 | microbiologist | 234517 | VETASSESS |
|
70 | zoologist | 234518 | VETASSESS |
|
71 | life scientists (nec) | 234599 | VETASSESS |
|
72 | medical laboratory scientist | 234611 | AIMS |
|
73 | veterinarian | 234711 | AVBC |
|
74 | conservator | 234911 | VETASSESS |
|
75 | metallurgist | 234912 | VETASSESS |
|
76 | meteorologist | 234913 | VETASSESS |
|
77 | physicist | 234914 | see subsection (2) |
|
78 | natural and physical science professionals (nec) | 234999 | VETASSESS |
|
79 | early childhood (pre‑primary school) teacher | 241111 | AITSL |
|
80 | secondary school teacher | 241411 | AITSL |
|
81 | special needs teacher | 241511 | AITSL |
|
82 | teacher of the hearing impaired | 241512 | AITSL |
|
83 | teacher of the sight impaired | 241513 | AITSL |
|
84 | special education teachers (nec) | 241599 | AITSL |
|
85 | university lecturer | 242111 | VETASSESS |
|
86 | medical diagnostic radiographer | 251211 | ASMIRT |
|
87 | medical radiation therapist | 251212 | ASMIRT |
|
88 | nuclear medicine technologist | 251213 | ANZSNM |
|
89 | sonographer | 251214 | ASMIRT |
|
90 | optometrist | 251411 | OCANZ |
|
91 | orthotist or prosthetist | 251912 | AOPA |
|
92 | chiropractor | 252111 | CCEA |
|
93 | osteopath | 252112 | AOAC |
|
94 | occupational therapist | 252411 | OTC |
|
95 | physiotherapist | 252511 | APC |
|
96 | podiatrist | 252611 | PodBA |
|
97 | audiologist | 252711 | VETASSESS |
|
98 | speech pathologist | 252712 | SPA |
|
99 | general practitioner | 253111 | MedBA |
|
100 | specialist physician (general medicine) | 253311 | MedBA |
|
101 | cardiologist | 253312 | MedBA |
|
102 | clinical haematologist | 253313 | MedBA |
|
103 | medical oncologist | 253314 | MedBA |
|
104 | endocrinologist | 253315 | MedBA |
|
105 | gastroenterologist | 253316 | MedBA |
|
106 | intensive care specialist | 253317 | MedBA |
|
107 | neurologist | 253318 | MedBA |
|
108 | paediatrician | 253321 | MedBA |
|
109 | renal medicine specialist | 253322 | MedBA |
|
110 | rheumatologist | 253323 | MedBA |
|
111 | thoracic medicine specialist | 253324 | MedBA |
|
112 | specialist physicians (nec) | 253399 | MedBA |
|
113 | psychiatrist | 253411 | MedBA |
|
114 | surgeon (general) | 253511 | MedBA |
|
115 | cardiothoracic surgeon | 253512 | MedBA |
|
116 | neurosurgeon | 253513 | MedBA |
|
117 | orthopaedic surgeon | 253514 | MedBA |
|
118 | otorhinolaryngologist | 253515 | MedBA |
|
119 | paediatric surgeon | 253516 | MedBA |
|
120 | plastic and reconstructive surgeon | 253517 | MedBA |
|
121 | urologist | 253518 | MedBA |
|
122 | vascular surgeon | 253521 | MedBA |
|
123 | dermatologist | 253911 | MedBA |
|
124 | emergency medicine specialist | 253912 | MedBA |
|
125 | obstetrician and gynaecologist | 253913 | MedBA |
|
126 | ophthalmologist | 253914 | MedBA |
|
127 | pathologist | 253915 | MedBA |
|
128 | diagnostic and interventional radiologist | 253917 | MedBA |
|
129 | radiation oncologist | 253918 | MedBA |
|
130 | medical practitioners (nec) | 253999 | MedBA |
|
131 | midwife | 254111 | ANMAC |
|
132 | nurse practitioner | 254411 | ANMAC |
|
133 | registered nurse (aged care) | 254412 | ANMAC |
|
134 | registered nurse (child and family health) | 254413 | ANMAC |
|
135 | registered nurse (community health) | 254414 | ANMAC |
|
136 | registered nurse (critical care and emergency) | 254415 | ANMAC |
|
137 | registered nurse (developmental disability) | 254416 | ANMAC |
|
138 | registered nurse (disability and rehabilitation) | 254417 | ANMAC |
|
139 | registered nurse (medical) | 254418 | ANMAC |
|
140 | registered nurse (medical practice) | 254421 | ANMAC |
|
141 | registered nurse (mental health) | 254422 | ANMAC |
|
142 | registered nurse (perioperative) | 254423 | ANMAC |
|
143 | registered nurse (surgical) | 254424 | ANMAC |
|
144 | registered nurse (paediatrics) | 254425 | ANMAC |
|
145 | registered nurses (nec) | 254499 | ANMAC |
|
146 | ICT business analyst | 261111 | ACS |
|
147 | systems analyst | 261112 | ACS |
|
148 | multimedia specialist | 261211 | ACS |
|
149 | analyst programmer | 261311 | ACS |
|
150 | developer programmer | 261312 | ACS |
|
151 | software engineer | 261313 | ACS |
|
152 | software and applications programmers (nec) | 261399 | ACS |
|
153 | ICT security specialist | 262112 | ACS |
|
154 | computer network and systems engineer | 263111 | ACS |
|
155 | telecommunications engineer | 263311 | Engineers Australia |
|
156 | telecommunications network engineer | 263312 | Engineers Australia |
|
157 | barrister | 271111 | A legal admissions authority of a State or Territory |
|
158 | solicitor | 271311 | A legal admissions authority of a State or Territory |
|
159 | clinical psychologist | 272311 | APS |
|
160 | educational psychologist | 272312 | APS |
|
161 | organisational psychologist | 272313 | APS |
|
162 | psychologists (nec) | 272399 | APS |
|
163 | social worker | 272511 | AASW |
|
164 | civil engineering draftsperson | 312211 | (a) Engineers Australia; or (b) VETASSESS |
|
165 | civil engineering technician | 312212 | VETASSESS |
|
166 | electrical engineering draftsperson | 312311 | Engineers Australia |
|
167 | electrical engineering technician | 312312 | TRA |
|
168 | radiocommunications technician | 313211 | TRA |
|
169 | telecommunications field engineer | 313212 | Engineers Australia |
|
170 | telecommunications network planner | 313213 | Engineers Australia |
|
171 | telecommunications technical officer or technologist | 313214 | Engineers Australia |
|
172 | automotive electrician | 321111 | TRA |
|
173 | motor mechanic (general) | 321211 | TRA |
|
174 | diesel motor mechanic | 321212 | TRA |
|
175 | motorcycle mechanic | 321213 | TRA |
|
176 | small engine mechanic | 321214 | TRA |
|
177 | sheetmetal trades worker | 322211 | TRA |
|
178 | metal fabricator | 322311 | TRA |
|
179 | pressure welder | 322312 | TRA |
|
180 | welder (first class) | 322313 | TRA |
|
181 | fitter (general) | 323211 | TRA |
|
182 | fitter and turner | 323212 | TRA |
|
183 | fitter‑welder | 323213 | TRA |
|
184 | metal machinist (first class) | 323214 | TRA |
|
185 | locksmith | 323313 | TRA |
|
186 | panelbeater | 324111 | TRA |
|
187 | bricklayer | 331111 | TRA |
|
188 | stonemason | 331112 | TRA |
|
189 | carpenter and joiner | 331211 | TRA |
|
190 | carpenter | 331212 | TRA |
|
191 | joiner | 331213 | TRA |
|
192 | painting trades worker | 332211 | TRA |
|
193 | glazier | 333111 | TRA |
|
194 | fibrous plasterer | 333211 | TRA |
|
195 | solid plasterer | 333212 | TRA |
|
196 | wall and floor tiler | 333411 | TRA |
|
197 | plumber (general) | 334111 | TRA |
|
198 | airconditioning and mechanical services plumber | 334112 | TRA |
|
199 | drainer | 334113 | TRA |
|
200 | gasfitter | 334114 | TRA |
|
201 | roof plumber | 334115 | TRA |
|
202 | electrician (general) | 341111 | TRA |
|
203 | electrician (special class) | 341112 | TRA |
|
204 | lift mechanic | 341113 | TRA |
|
205 | airconditioning and refrigeration mechanic | 342111 | TRA |
|
206 | technical cable jointer | 342212 | TRA |
|
207 | electronic equipment trades worker | 342313 | TRA |
|
208 | electronic instrument trades worker (general) | 342314 | TRA |
|
209 | electronic instrument trades worker (special class) | 342315 | TRA |
|
210 | chef | 351311 | TRA | 7, 8 |
211 | horse trainer | 361112 | TRA |
|
212 | cabinetmaker | 394111 | TRA |
|
213 | boat builder and repairer | 399111 | TRA |
|
214 | shipwright | 399112 | TRA |
|
215 | tennis coach | 452316 | VETASSESS |
|
216 | footballer | 452411 | VETASSESS | 25 |
Note: For the meaning of the expressions in column 3, see section 9.
(2) The assessing authority for:
(a) a physicist (other than a medical physicist) is VETASSESS; and
(b) a medical physicist is ACPSEM.
8 Determining whether certain occupations apply to an identified person
(1) For the purposes of subregulation 5.19(11) of the Regulations, the following table sets out the circumstances for determining whether certain occupations listed in column 1 of an item of the Medium and Long‑term Strategic Skills List apply to an identified person.
Applicable circumstances | |
Item | Column 1 Circumstance |
1 | The position does not require a minimum of 2 years’ relevant work experience. |
2 | The position has nominated annual earnings of less than AUD65,000. |
3 | (a) The position has nominated annual earnings of less than AUD65,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. |
4 | (a) The position has nominated annual earnings of less than AUD80,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. |
5 | (a) The position has nominated annual earnings of less than AUD180,001; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. |
6 | The position is a clerical, bookkeeper or accounting clerk position. |
7 | The position is involved in mass production in a factory setting. |
8 | The position is in a limited service restaurant. |
9 | The position predominantly involves responsibility for low‑skilled tasks. Example 1: Rostering, maintaining records, reception duties and allocating duties to housekeepers, porters or doorpersons. Example 2: Fruit picking or packing or feeding of livestock or animals. Example 3: Truck driving. |
10 | The position is not located in regional Australia (within the meaning of subregulation 5.19(16) of the Regulations). |
11 | The position: (a) is based in a front‑line retail setting; or (b) predominantly involves direct client transactional interaction on a regular basis. |
12 | The position: (a) is not a full‑time position; or (b) is not based in a therapeutic setting; or (c) involves the provision of non‑medical relaxation massage; or (d) is in a retail setting. |
13 | The position predominantly involves hairdressing or beauty therapy related non‑managerial tasks. |
14 | The position: (a) is not located in a commercial building or shopping centre environment; or (b) predominantly involves managing the provision of only one particular service to a facility or managing one particular relationship. Example: Managing the cleaning contract for a facility but not other contracts relevant to the facility. |
15 | The position: (a) is based in a front‑line retail setting; or (b) is based in a call centre and does not require a significant technical knowledge of products; or (c) predominantly involves selling educational courses to individual students. |
16 | The position relates to mobile phone repairs. |
17 | The position relates to mass or standardised production (as opposed to specialist production), including the following: (a) a position based in a franchise or factory; (b) a position that: (i) involves full or partial production of food product for distribution to another location; or (ii) predominantly involves the use of pre‑prepared food product from another location. |
18 | The position relates to animal husbandry, including caring for livestock on a farm. |
19 | The position is in a business that has an annual turnover of less than AUD1,000,000. |
20 | (a) The position is in a business that has an annual turnover of less than AUD1,000,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. |
21 | The position is in a business that has fewer than 5 employees. |
22 | (a) the position is in a business that has fewer than 5 employees; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies. |
23 | The position has nominated annual earnings of less than AUD90,000. |
25 | The position has nominated annual earnings of less than AUD120,000. |
For the purposes of column 3 of the Medium and Long‑term Strategic Skills List, an expression mentioned in column 1 of an item of the following table is short for the expression mentioned in column 2 of that item.
Assessing authorities | ||
Item | Column 1 This expression… | Column 2 is short for … |
1 | AACA | Architects Accreditation Council of Australia |
2 | AASW | Australian Association of Social Workers Limited |
2A | ACECQA | Australian Children’s Education and Care Quality Authority |
3 | ACPSEM | Australasian College of Physical Scientists and Engineers in Medicine |
4 | ACS | Australian Computer Society Incorporated |
5 | ACWA | Australian Community Workers Association Inc |
6 | ADC | Australian Dental Council Limited |
8 | AIMS | Australian Institute of Medical and Clinical Scientists |
9 | AIQS | The Australian Institute of Quantity Surveyors |
10 | AITSL | Australian Institute for Teaching and School Leadership Limited |
11 | AMSA | Australian Maritime Safety Authority |
12 | ANMAC | Australian Nursing & Midwifery Accreditation Council Limited |
14 | ANZSNM | Australian and New Zealand Society of Nuclear Medicine |
15 | AOAC | Australasian Osteopathic Accreditation Council Limited |
16 | AOPA | The Australian Orthotic Prosthetic Association Limited |
17 | APC | Australian Physiotherapy Council Limited |
18 | APharmC | Australian Pharmacy Council Ltd |
19 | APS | The Australian Psychological Society Limited |
20 | ASMIRT | Australian Society of Medical Imaging and Radiation Therapy |
21 | AVBC | Australasian Veterinary Boards Council Incorporated |
22 | CAANZ | Chartered Accountants Australia and New Zealand |
23 | CASA | Civil Aviation Safety Authority |
24 | CCEA | Council on Chiropractic Education Australasia Limited |
25 | CPAA | CPA Australia Ltd |
26 | DAA | Dietitians Association of Australia |
27 | Engineers Australia | The Institution of Engineers Australia |
27A | IML | Institute of Managers and Leaders Limited |
28 | IPA | Institute of Public Accountants Ltd |
29 | MedBA | Medical Board of Australia |
30 | OCANZ | Optometry Council of Australia and New Zealand Limited |
31 | OTC | Occupational Therapy Council of Australia Ltd |
31A | PodBA | Podiatry Board of Australia |
32 | SPA | The Speech Pathology Association of Australia Limited |
33 | SSSI | Surveying and Spatial Sciences Institute Limited |
34 | TRA | Trades Recognition Australia |
35 | VETASSESS | Vocational Education and Training Assessment Services |
Part 3 Application and savings provisions
10 Application of this instrument
This instrument applies in relation to the following:
(a) an application for approval of a nomination that is made on or after the day this instrument commences;
(b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream if:
(i) the application for the visa is made on or after the day this instrument commences; and
(ii) the related application for approval of a nomination is made on or after the that day.
11 Continued application of IMMI 18/049
Despite the repeal of the Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018 by this instrument, that instrument, as in force immediately before the day this instrument commences, continues to apply in relation to the following:
(a) an application for approval of a nomination that is made before the day this instrument commences;
(b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream made before, on or after the commencement of this instrument, if the related application for approval of a nomination was made:
(i) on or after 18 March 2018; but
(ii) before the day this instrument commences.
12 Amendments made by LIN 20/273
The amendments of this instrument made by Schedule 1 to the Migration Legislation Amendment (Health Workforce Certificates Measures No. 1) Instrument (LIN 20/273) 2020 apply in relation to an application for approval of a nomination that is made on or after the commencement of that Schedule.
13 Amendments made by LIN 21/009
(1) The amendments of this instrument made by Schedule 1 to the Migration (Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Amendment Instrument (LIN 21/009) 2021 (the amending instrument) apply in relation to an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream if the application is made on or after the day the amending instrument commences, whether the assessment for the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations occurs before, on or after that day.
(2) For the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, an assessing authority listed in column 2 of an item of the following table `is also specified as an assessing authority for the occupation listed in column 1 of the item in relation to an application covered by subsection (1) if the assessment for the purposes of that paragraph occurred before the day the amending instrument commences.
Assessing authorities | ||
Item | Column 1 Occupation | Column 2 Assessing authority |
1 | chief executive or managing director | Australian Institute of Management |
2 | corporate general manager | Australian Institute of Management |
3 | engineering manager | Australian Institute of Management |
4 | child care centre manager | Trades Recognition Australia |
5 | medical laboratory scientist | Australian Institute of Medical Scientists |
6 | podiatrist | Australian and New Zealand Podiatry Accreditation Council Limited |
14 Amendments made by LIN 23/065
Despite section 12, the amendments to this instrument made by Schedule 1 to the Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/065) 2023 apply in relation to a nomination made, but not yet finally determined, upon commencement of that Schedule.
15 Amendments made by LIN 23/078
The amendments of this instrument made by Schedule 1 to the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 apply in relation to the following:
(a) an application for approval of a nomination that is made on or after 18 March 2018, but is not yet finally determined, upon commencement of that Schedule;
(b) an application for approval of a nomination that is made on or after the commencement of that Schedule.
Notes
This compilation comprises Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 amended as indicated in the following tables.
Table of instruments
Name | Registration | Number | Commencement | Application, saving or transitional provisions |
Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 | 10 March 2019 | F2019L00275 | 11 Mar 2019 (s2(1) item 1) | — |
Migration Legislation Amendment (Health Workforce Certificates Measures No. 1) Instrument (LIN 20/273) 2020 | 8 December 2020 | F2020L01544 | 16 December 2020 (s2(1) item 1) | — |
Migration (Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Amendment Instrument (LIN 21/009) 2021 | 23 March 2021 | F2021L00294 | 24 March 2021 (s2(1) item 1) | — |
Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/065) 2023Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/065) 2023 | 15 September 2023 | F2023L01250 | 16 September 2023 | — |
Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 | 21 November 2023 | F2023L01531 | 25 November 2023 | — |
Table of amendments
ad. = added or inserted am. = amended C[x] = Compilation No. x ed = editorial change prev = previous rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
Part 1 |
|
s 2................................... | rep. Legislation Act 2003, s 48D |
s 3................................... | am. F2023L01531 |
s 4................................... | am. F2020L01544 am. F2023L01250 |
s 5................................... | rep. Legislation Act 2003, s 48C |
Part 2 |
|
s 6................................... | am. F2023L01531 |
s 7................................... | am. F2021L00294 am. F2023L01250 |
s 8................................... | am. F2020L01544 am. F2021L00294 am. F2023L01250 am. F2023L01531 |
s 9................................... | am. F2021L00294 |
Part 3 |
|
s 12................................. | ad. F2020L01544 |
s 13................................. | ad. F2021L00294 |
s 14 (first occurring)..... | ad F2023L01531 renum ed C4 |
s 14 (second occurring).. | ad F2023L01250 |
s 15 (prev s 14 first |
|
Schedule 1...................... | rep LA s 48C |
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the notes will include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
The editorial change amendments can be given effect as intended and incorporated into the compiled law and the abbreviation “ed” will be added to the details of the amendment in the Table of amendments.
In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.
Section 14 (first occurring)
Kind of editorial change
Numbering or renumbering of provisions and reordering of provisions
Details of editorial change
Schedule 1 item 17 of the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 instructs to insert section 14 after section 13. However, a section 14 already appears.
This compilation was editorially changed by renumbering the newly inserted, first occurring section 14 as section 15 and to move section 15 into the correct numerical order.