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Migration Regulations 1994 - Specification of Level of Salary and Exemptions to the English Language Requirement for Subclass 457 (Temporary Work (Skilled)) Visas - IMMI 13/029

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Commonwealth of Australia
Migration Regulations 1994
(Paragraph 457.223(6)(a) and subclause 457.223(11))
I, BRENDAN O’CONNOR, Minister for Immigration and Citizenship, acting under paragraph 457.223(6)(a) and subclause 457.223(11) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’):
1.                  REVOKE Instrument IMMI 12/048, signed on 12 June 2012, which specified the level of salary that is worked out in a way specified for paragraph 457.223(6)(a) of Schedule 2 to the Regulations, and specified a class of applicants for the meaning of exempt applicant under subclause 457.223(11) of Schedule 2 to the Regulations; AND
2.                  SPECIFY for the purposes of paragraph 457.223(6)(a) of Schedule 2 to the Regulations, the following way of working out the level of salary:
An annual salary, paid on a monthly, fortnightly or weekly basis, at a base rate of pay which is equal to or greater than the applicable base salary, where:
the base rate of pay is the person’s rate of pay payable to an employee for his or her ordinary hours of work, not including any of the following:
(a)        incentive-based payments and bonuses;
(b)        loadings;
(c)        monetary allowances;
(d)        overtime or penalty rates;
(e)        any other separately identifiable amounts; and
the applicable base salary is AUD 96,400 per annum.
Note: The definition of base rate of pay is based on the definition given in section 16 of the
Fair Work Act 2009.                                                                    
3.         SPECIFY for the purposes of the meaning of “exempt applicant” under subclause 457.223(11) of Schedule 2 to the Regulations, the following classes of applicants to be an exempt applicant:
(a)                applicants who:
(i)     are nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, licence or membership; and
(ii)   have completed at least 5 consecutive years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English;
(b)                applicants who are:
(i)     nominated in relation to an activity or occupation by a standard business sponsor approved under regulation 2.59 of the Regulations; and
(ii)   nominated in relation to activity or occupation that will be performed at a diplomatic or consular mission of another country or an office of the authorities of Taiwan located in Australia.
4.         For the purposes of Item (3) of this Instrument:
(a)                in relation to secondary education, “full-time study” means the standard number of
contact hours that a student would undertake in the relevant country; and
(b)                in relation to higher education, “full-time study” means the completion of at least
                        three subjects in each semester or trimester of study.
This Instrument number IMMI 13/029 commences on 1 July 2013, immediately after commencement of the Migration Legislation Amendment Regulation 2013 (No. 3).
Dated  June 28 2013
Brendan O’Connor
Minister for Immigration and Citizenship