Commonwealth Numbered Regulations Commonwealth Numbered Regulations
1 Regulation 1.03 (definition of ANZSCO )
Repeal the definition, substitute:
"ANZSCO" has the meaning specified by the Minister in an instrument in writing for this definition.
2 Paragraph 2.12F(2)(f)
Omit "refused", substitute "withdrawn".
3 Paragraph 2.12F(2)(g)
Omit "refused", substitute "withdrawn".
4 Subregulation 2.57(1)
Insert:
"entity" , in relation to an associated entity, includes:
(a) an entity within the meaning of section 9 of the Corporations Act 2001 ; and
(b) a body of the Commonwealth, a State or a Territory.
5 Paragraph 2.59(b)
Repeal the paragraph, substitute:
(b) the applicant is not a standard business sponsor; and
6 Paragraph 2.68(c)
Repeal the paragraph.
7 Paragraph 2.72(10)(c)
Omit "in the person's workplace".
8 At the end of subregulation 2.72(10)
Add:
; and (g) if the person has identified in the nomination the holder of a Subclass 457 (Temporary Work (Skilled)) visa in relation to whom the requirements in subclause 457.223(6) of Schedule 2 were met--one of the following applies:
(i) the requirements in subclause 457.223(6) of Schedule 2 continue to be met;
(ii) if the holder would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder--the holder demonstrates that he or she has competent English, proficient English, concessional competent English or superior English of at least the standard required for the grant (however described) of the licence, registration or membership;
(iii) the holder is an exempt applicant within the meaning of subclause 457.223(4) of Schedule 2;
(iv) the holder has vocational English.
Note: Vocational English , competent English , proficient English , concessional competent English and superior English are defined in regulations 1.15B to 1.15EA.
9 Subregulations 2.73(7) and (8) (including the subheading)
Repeal the subregulations.
10 Paragraph 5.19(3)(f)
Repeal the paragraph (not including the note), substitute:
(f) either:
(i) the nominator:
(A) fulfilled any commitments the nominator made relating to meeting the nominator's training requirements during the period of the nominator's most recent approval as a standard business sponsor; and
(B) complied with the applicable obligations under Division 2.19 relating to the nominator's training requirements during the period of the nominator's most recent approval as a standard business sponsor; or
(ii) it is reasonable to disregard subparagraph (i); and
11 Subclause 457.111(1) of Schedule 2 (definition of occupation )
Repeal the definition.
12 Subclause 457.111(2) of Schedule 2
Repeal the subclause (not including the note).
13 Subclause 457.111(2) of Schedule 2 (at the end of the note)
Add " Vocational English is defined in regulation 1.15B.".
14 Paragraph 457.223(2)(b) of Schedule 2
Repeal the paragraph, substitute:
(b) a nomination of an occupation in relation to the applicant:
(i) has been approved under section 140GB of the Act; and
(ii) has not ceased to have effect under regulation 2.75; and
15 Paragraph 457.223(4)(a) of Schedule 2
Repeal the paragraph, substitute:
(a) each of the following applies:
(i) a nomination of an occupation in relation to the applicant has been approved under section 140GB of the Act;
(ii) the nomination was made by a person who was a standard business sponsor at the time the nomination was approved;
(iii) the approval of the nomination has not ceased as provided for in regulation 2.75; and
16 Paragraph 457.223(4)(ba) of Schedule 2
Repeal the paragraph, substitute:
(ba) either:
(i) the nominated occupation is specified by the Minister in an instrument in writing for this subparagraph; or
(ii) each of the following applies:
(A) the applicant is employed to work in the nominated occupation;
(B) if the person who made the approved nomination met paragraph 2.59(d) or (e), or paragraph 2.68(e) or (f), in the person's most recent approval as a standard business sponsor, the applicant is employed to work in a position in the person's business or in a business of an associated entity of the person;
(C) if the person who made the approved nomination met paragraph 2.59(h), or paragraph 2.68(i), in the person's most recent approval as a standard business sponsor, the applicant is employed to work in a position in the person's business; and
17 After paragraph 457.223(4)(d) of Schedule 2
Insert:
(da) the applicant has the skills, qualifications and employment background that the Minister considers necessary to perform the tasks of the nominated occupation; and
18 Subparagraph 457.223(4)(ea)(ii) of Schedule 2
Repeal the subparagraph, substitute:
(ii) in order to obtain the licence, registration or membership, the applicant would need to demonstrate competent English, proficient English, concessional competent English or superior English;
Note: Competent English , proficient English , concessional competent English and superior English are defined in regulations 1.15B to 1.15EA.
19 Paragraph 457.223(4)(eb) of Schedule 2
Omit "a level of English language proficiency that is required to achieve an IELTS test score of at least 5 in each of the 4 test components of speaking, reading, writing and listening", substitute "vocational English".
20 Paragraph 457.223(6)(a) of Schedule 2
Repeal the paragraph, substitute:
(a) the base rate of pay for the applicant, under the terms and conditions of employment about which the Minister was last satisfied for paragraph 2.72(10)(c), is at least the level of salary worked out in the way specified by the Minister in an instrument in writing for this paragraph; and
21 After paragraph 8107(3)(a) of Schedule 8
Insert:
(aa) the holder must commence that work within 90 days after the holder's arrival in Australia; and
22 At the end of subclause 8107(3) of Schedule 8
Add:
; and (c) if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder's position is situated--the holder must:
(i) hold the licence, registration or membership; and
(ii) comply with each condition or requirement to which the licence, registration or membership is subject.