Commonwealth Numbered Regulations

1995 No. 38 MIGRATION REGULATIONS (AMENDMENT) - REG 70

70.1 Omit Parts 1, 2 and 3 of the Schedule, substitute:

"PART 1-BUSINESS ATTRIBUTES
Division 1.1-Applicant's main business or main businesses
(Subclass 127, 129, 840 and 842 visas)
Subdivision 1.1.1-Annual turnover and employee levels
  7101   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together:

   (a)  had an annual turnover equivalent to not less than AUD
5,000,000; and

   (b)  employed not fewer than:

        (i)    in the case of an applicant for a Subclass 127
(Business Owner) or 840 (Business Owner) visa-5
full-time employees; or

        (ii)   in the case of an applicant for a Subclass 129
(State/Territory Sponsored Business Owner) or 842
(State/Territory Sponsored Business Owner) visa-3
full-time employees
60
  7102   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together:

   (a)  had an annual turnover equivalent to not less than AUD
3,000,000; and

   (b)  employed not fewer than:

        (i)    in the case of an applicant for a Subclass 127
(Business Owner) or 840 (Business Owner) visa-5
full-time employees; or

        (ii)   in the case of an applicant for a Subclass 129
(State/Territory Sponsored Business Owner) or 842
(State/Territory Sponsored Business Owner) visa-3
full-time employees
55
  7103   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together:

   (a)  had an annual turnover equivalent to not less than AUD
1,500,000; and

   (b)  employed not fewer than:

        (i)    in the case of an applicant for a Subclass 127
(Business Owner) or 840 (Business Owner) visa-5
full-time employees; or

        (ii)   in the case of an applicant for a Subclass 129
(State/Territory Sponsored Business Owner) or 842
(State/Territory Sponsored Business Owner) visa-3
full-time employees
50
  7104   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together:

   (a)  had an annual turnover equivalent to not less than AUD
750,000; and

   (b)  employed not fewer than:

        (i)    in the case of an applicant for a Subclass 127
(Business Owner) or 840 (Business Owner) visa-5
full-time employees; or

        (ii)   in the case of an applicant for a Subclass 129
(State/Territory Sponsored Business Owner) or 842
(State/Territory Sponsored Business Owner) visa-3
full-time employees
40
  7105   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together:

   (a)  had an annual turnover equivalent to not less than AUD
500,000; and

   (b)  employed not fewer than:

        (i)    in the case of an applicant for a Subclass 127
(Business Owner) or 840 (Business Owner) visa-5
full-time employees; or

        (ii)   in the case of an applicant for a Subclass 129
(State/Territory Sponsored Business Owner) or 842
(State/Territory Sponsored Business Owner) visa-3
full-time employees
35
Subdivision 1.1.2-Labour costs
  7121   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together, had labour costs equivalent to not less than AUD
250,000 but less than AUD 500,000
5
  7122   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together, had labour costs equivalent to not less than AUD
500,000
10
Subdivision 1.1.3-Total assets
  7131   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together, had total assets of a value equivalent to not
less than AUD 750,000 but less than AUD 1,500,000
5
  7132   In each of any 2 of the 4 fiscal years immediately

preceding the making of the application, the applicant's
main business, or the applicant's main businesses
together, had total assets of a value equivalent to not
less than AUD 1,500,000
10
Division 1.2-Business employing the applicant
(Subclass 128, 130, 841 and 843 visas)
  7151   The applicant was employed in a major business (within the

meaning of clause 128.111, 130.111, 841.111 or 843.111, as
the case requires, of Schedule 2) in each of any 2 of the
4 fiscal years immediately preceding the making of the
application
65
Division 1.3-Business attributes
(investment-linked) (Subclass 131 and 844 visas)
  7160   The applicant, or the applicant and members of his or her

family unit, have made a designated investment of an
amount of AUD2,000,000
80
  7161   The applicant, or the applicant and members of his or her

family unit, have made a designated investment of an
amount of AUD1,500,000
70
  7162   The applicant, or the applicant and members of his or her

family unit, have made a designated investment of an
amount of AUD1,000,000
65
  7163   The applicant, or the applicant and members of his or her

family unit, have made a designated investment of an
amount of AUD750,000
60
Division 1.4-Established business in Australia
(Subclass 845 visas)
  7170   During the period of 12 months immediately preceding the

making of the application, the main business or main
businesses of the applicant or that of the applicant and
the applicant's spouse:

   (a)  employed not less than 3 full-time employees (or a
number of part-time employees working an equivalent number
of hours) each of whom:

        (i)    is not the applicant or a member of the family unit
of the applicant; and

        (ii)   is an Australian citizen, an Australian permanent
resident or an eligible New Zealand citizen; and

   (b)  either:

        (i)    had a turnover of not less than AUD200,000; or

        (ii)   exported goods or services of a value of not less
than AUD100,000
60
PART 2-AGE OF APPLICANT AT TIME OF APPLICATION
  7201   Not less than 30 years but less than 45 years

30
  7202   Not less than 45 years but less than 50 years

25
  7203   Not less than 20 years but less than 30 years

20
  7204   Not less than 50 years but less than 55 years

10
  7205   Less than 20 years or 55 years or more

0
PART 3-LANGUAGE ABILITY OF APPLICANT
Division 3.1-Language ability of applicant
(Subclasses 127-130, 840-843 and 845)
  7301   Better than functional ability in English

30
  7302   Functional ability in English

20
  7303   Bilingual in languages other than English

10
  7304   Limited ability in English

10
  7305   No ability in English

0
Division 3.2-Language ability of applicant
(Subclasses 131 and 844)
  7306   Better than functional ability in English

35
  7307   Functional ability in English

25
  7308   Bilingual in languages other than English

15
  7309   Limited ability in English

15
  7310   No ability in English

0".