Commonwealth of Australia
Migration Regulations 1994
0BLEVEL OF SALARY AND EXEMPTIONS TO THE ENGLISH LANGUAGE REQUIREMENT FOR SUBCLASS 457 (BUSINESS (LONG STAY)) VISAS
(PARAGRAPH 457.223(6)(a) AND SUBCLAUSE 457.223(11))
I, CHRIS EVANS, 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 number IMMI 09/118, signed on 10 October 2009, 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, but 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 85,090 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 are:
(i) nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership, and
(ii) the holder of a passport of any of the following countries:
(A) Canada;
(B) New Zealand;
(C) the Republic of Ireland;
(D) the United Kingdom; or
(E) the United States of America;
(b) applicants who are:
(i) the subject of an approved nomination and the application for approval of the nomination was made before 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and
(ii) nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is in the ASCO Major Groups 1 – 3, excluding Head Chef 3322-01 and Chef 3322-11, except where an applicant has been nominated for Head Chef or Chef and has lodged an application before 14 April 2009;
(c) applicants who are:
(i) the subject of an approved nomination and the application for approval of the nomination was made on or after 1 July 2010 in an occupation that does not require a level of English language competency for grant (however described) of registration, license or membership; and
(ii) nominated in the application for approval of nomination in an occupation for an approved position in an occupation that is set out in the Schedule to this Instrument;
(d) applicants who:
(i) are nominated in an occupation that does not require a level of English language competency for grant (however described) of registration, license 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;
(e) applicants who are:
(i) nominated in relation to an activity or occupation by a standard business sponsor approved under regulation 1.20D or 1.20DA or 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 tertiary education, “full-time study” means the completion of at least three subjects in each semester or trimester of study.
5. This Instrument, number IMMI 10/029, commences on 1 July 2010.
Dated 17 June 2010
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Paragraph 457.223(6)(a) applies to an applicant for a Subclass 457 (Business (Long Stay)) visa if the applicant will be paid, in connection with the occupation nominated in relation to the applicant, a level of salary that is at least the level of salary worked out in a way specified by the Minister in an instrument in writing for the paragraph.
NOTE 2: Subclause 457.223(11) provides that in subclause 457.223(4), exempt applicant means an applicant who is in a class of applicants specified by the Minister in an instrument in writing for the subclause.]
Schedule
OCCUPATION
ANZSCO Code
Chief Executive or Managing Director
111111
Corporate General Manager
111211
Aquaculture Farmer
121111
Cotton Grower
121211
Flower Grower
121212
Fruit or Nut Grower
121213
Grain, Oilseed or Pasture Grower
121214
Grape Grower
121215
Mixed Crop Farmer
121216
Turf Grower
121218
Vegetable Grower
121221
Crop Farmers nec
121299
Apiarist
121311
Beef Cattle Farmer
121312
Dairy Cattle Farmer
121313
Deer Farmer
121314
Goat Farmer
121315
Horse Breeder
121316
Mixed Livestock Farmer
121317
Pig Farmer
121318
Poultry Farmer
121321
Sheep Farmer
121322
Livestock Farmers nec
121399
Mixed Crop and Livestock Farmer
121411
Sales and Marketing Manager
131112
Advertising Manager
131113
Public Relations Manager
131114
Corporate Services Manager
132111
Finance Manager
132211
Human Resource Manager
132311
Policy and Planning Manager
132411
Research and Development Manager
132511
Construction Project Manager
133111
Project Builder
133112
Engineering Manager
133211
Importer or Exporter
133311
Wholesaler
133312
Manufacturer
133411
Production Manager (Forestry)
133511
Production Manager (Manufacturing)
133512
Production Manager (Mining)
133513
Supply and Distribution Manager
133611
Schedule (Continued)
OCCUPATION
ANZSCO Code
Child Care Centre Manager
134111
Medical Administrator
134211
Nursing Clinical Director
134212
Primary Health Organisation Manager
134213
Welfare Centre Manager
134214
Health and Welfare Services Managers nec
134299
School Principal
134311
Faculty Head
134411
Regional Education Manager
134412
Education Managers nec
134499
Chief Information Officer
135111
ICT Project Manager
135112
ICT Managers nec
135199
Commissioned Fire Officer
139112
Commissioned Police Officer
139113
Arts Administrator or Manager
139911
Environmental Manager
139912
Laboratory Manager
139913
Quality Assurance Manager
139914
Sports Administrator
139915
Café or Restaurant Manager
141111
Caravan Park and Camping Ground Manager
141211
Hotel or Motel Manager
141311
Licensed Club Manager
141411
Bed and Breakfast Operator
141911
Retirement Village Manager
141912
Accommodation and Hospitality Managers nec
141999
Antique Dealer
142112
Betting Agency Manager
142113
Hair or Beauty Salon Manager
142114
Post Office Manager
142115
Travel Agency Manager
142116
Amusement Centre Manager
149111
Fitness Centre Manager
149112
Sports Centre Manager
149113
Call or Contact Centre Manager
149211
Customer Service Manager
149212
Conference and Event Organiser
149311
Fleet Manager
149411
Railway Station Manager
149412
Transport Company Manager
149413
Cinema or Theatre Manager
149912
Facilities Manager
149913
Financial Institution Branch Manager
149914
Equipment Hire Manager
149915
Actor
211111
Dancer or Choreographer
211112
Entertainer or Variety Artist
211113
Schedule (Continued)
OCCUPATION
ANZSCO Code
Actors, Dancers and Other Entertainers nec
211199
Composer
211211
Music Director
211212
Musician (Instrumental)
211213
Singer
211214
Music Professionals nec
211299
Photographer
211311
Painter (Visual Arts)
211411
Potter or Ceramic Artist
211412
Sculptor
211413
Visual Arts and Crafts Professionals nec
211499
Artistic Director
212111
Media Producer (excluding Video)
212112
Radio Presenter
212113
Television Presenter
212114
Author
212211
Book or Script Editor
212212
Art Director (Film, Television or Stage)
212311
Director (Film, Television, Radio or Stage)
212312
Director of Photography
212313
Film and Video Editor
212314
Program Director (Television or Radio)
212315
Stage Manager
212316
Technical Director
212317
Video Producer
212318
Film, Television, Radio and Stage Directors nec
212399
Copywriter
212411
Newspaper or Periodical Editor
212412
Print Journalist
212413
Radio Journalist
212414
Technical Writer
212415
Television Journalist
212416
Journalists and Other Writers nec
212499
Accountant (General)
221111
Management Accountant
221112
Taxation Accountant
221113
Company Secretary
221211
Corporate Treasurer
221212
External Auditor
221213
Internal Auditor
221214
Commodities Trader
222111
Finance Broker
222112
Insurance Broker
222113
Financial Brokers nec
222199
Financial Market Dealer
222211
Futures Trader
222212
Stockbroking Dealer
222213
Financial Dealers nec
222299
Schedule (Continued)
OCCUPATION
ANZSCO Code
Financial Investment Adviser
222311
Financial Investment Manager
222312
Human Resource Adviser
223111
Recruitment Consultant
223112
Workplace Relations Adviser
223113
ICT Trainer
223211
Training and Development Professional
223311
Actuary
224111
Mathematician
224112
Statistician
224113
Archivist
224211
Gallery or Museum Curator
224212
Health Information Manager
224213
Records Manager
224214
Economist
224311
Intelligence Officer
224411
Policy Analyst
224412
Land Economist
224511
Valuer
224512
Librarian
224611
Management Consultant
224711
Organisation and Methods Analyst
224712
Electorate Officer
224911
Liaison Officer
224912
Patents Examiner
224914
Information and Organisation Professionals nec
224999
Advertising Specialist
225111
Market Research Analyst
225112
Marketing Specialist
225113
ICT Account Manager
225211
ICT Business Development Manager
225212
ICT Sales Representative
225213
Public Relations Professional
225311
Sales Representative (Industrial Products)
225411
Sales Representative (Medical and Pharmaceutical Products)
225412
Aeroplane Pilot
231111
Air Traffic Controller
231112
Flying Instructor
231113
Helicopter Pilot
231114
Air Transport Professionals nec
231199
Master Fisher
231211
Ship’s Engineer
231212
Ship’s Master
231213
Ship’s Officer
231214
Ship’s Surveyor
231215
Marine Transport Professionals nec
231299
Architect
232111
Landscape Architect
232112
Schedule (Continued)
OCCUPATION
ANZSCO Code
Surveyor
232212
Cartographer
232213
Other Spatial Scientist
232214
Fashion Designer
232311
Industrial Designer
232312
Industrial Designer
232312
Jewellery Designer
232313
Graphic Designer
232411
Illustrator
232412
Multimedia Designer
232413
Web Designer
232414
Interior Designer
232511
Urban and Regional Planner
232611
Chemical Engineer
233111
Materials Engineer
233112
Civil Engineer
233211
Geotechnical Engineer
233212
Quantity Surveyor
233213
Structural Engineer
233214
Transport Engineer
233215
Electrical Engineer
233311
Electronics Engineer
233411
Industrial Engineer
233511
Mechanical Engineer
233512
Production or Plant Engineer
233513
Mining Engineer (excluding Petroleum)
233611
Petroleum Engineer
233612
Aeronautical Engineer
233911
Agricultural Engineer
233912
Biomedical Engineer
233913
Engineering Technologist
233914
Environmental Engineer
233915
Naval Architect
233916
Engineering Professional nec
233999
Agricultural Consultant
234111
Agricultural Scientist
234112
Forester
234113
Chemist
234211
Food Technologist
234212
Wine Maker
234213
Conservation Officer
234311
Environmental Consultant
234312
Environmental Research Scientist
234313
Park Ranger
234314
Environmental Scientists nec
234399
Geologist
234411
Geophysicist
234412
Life Scientist (General)
234511
Anatomist or Physiologist
234512
Schedule (Continued)
OCCUPATION
ANZSCO Code
Biochemist
234513
Biotechnologist
234514
Botanist
234515
Marine Biologist
234516
Microbiologist
234517
Zoologist
234518
Life Scientists nec
234599
Medical Laboratory Scientist
234611
Veterinarian
234711
Conservator
234911
Metallurgist
234912
Meteorologist
234913
Physicist
234914
Natural and Physical Science Professionals nec
234999
Early Childhood (Pre-primary School) Teacher
241111
Primary School Teacher
241213
Middle School Teacher
241311
Secondary School Teacher
241411
Special Needs Teacher
241511
Teacher of the Hearing Impaired
241512
Teacher of the Sight Impaired
241513
Special Education Teachers nec
241599
University Lecturer
242111
University Tutor
242112
Vocational Education Teacher
242211
Education Adviser
249111
Education Reviewer
249112
Art Teacher (Private Tuition)
249211
Dance Teacher (Private Tuition)
249212
Drama Teacher (Private Tuition)
249213
Music Teacher (Private Tuition)
249214
Teacher of English to Speakers of Other Languages
249311
Dietitian
251111
Medical Diagnostic Radiographer
251211
Medical Radiation Therapist
251212
Nuclear Medicine Technologist
251213
Sonographer
251214
Environmental Health Officer
251311
Occupational Health and Safety Adviser
251312
Optometrist
251411
Orthoptist
251412
Hospital Pharmacist
251511
Industrial Pharmacist
251512
Retail Pharmacist
251513
Health Promotion Officer
251911
Orthotist or Prosthetist
251912
Health Diagnostic and Promotion Professionals nec
251999
Chiropractor
252111
Osteopath
252112
Schedule (Continued)
OCCUPATION
ANZSCO Code
Acupuncturist
252211
Homoeopath
252212
Naturopath
252213
Traditional Chinese Medicine Practitioner
252214
Complementary Health Therapists nec
252299
Dental Specialist
252311
Dentist
252312
Occupational Therapist
252411
Physiotherapist
252511
Podiatrist
252611
Audiologist
252711
Speech Pathologist
252712
General Medical Practitioner
253111
Resident Medical Officer
253112
Anaesthetist
253211
Specialist Physician (General Medicine)
253311
Cardiologist
253312
Clinical Haematologist
253313
Medical Oncologist
253314
Endocrinologist
253315
Gastroenterologist
253316
Intensive Care Specialist
253317
Neurologist
253318
Paediatrician
253321
Renal Medicine Specialist
253322
Rheumatologist
253323
Thoracic Medicine Specialist
253324
Specialist Physician nec
253399
Psychiatrist
253411
Surgeon (General)
253511
Cardiothoracic Surgeon
253512
Neurosurgeon
253513
Orthopaedic Surgeon
253514
Otorhinolaryngologist
253515
Paediatric Surgeon
253516
Plastic and Reconstructive Surgeon
253517
Urologist
253518
Vascular Surgeon
253521
Dermatologist
253911
Emergency Medicine Specialist
253912
Obstetrician and Gynaecologist
253913
Ophthalmologist
253914
Pathologist
253915
Diagnostic and Interventional Radiologist
253917
Radiation Oncologist
253918
Medical Practitioners nec
253999
Midwife
254111
Nurse Educator
254211
Schedule (Continued)
OCCUPATION
ANZSCO Code
Nurse Researcher
254212
Nurse Manager
254311
Nurse Practitioner
254411
Registered Nurse (Aged Care)
254412
Registered Nurse (Child and Family Health)
254413
Registered Nurse (Community Health)
254414
Registered Nurse (Critical Care and Emergency)
254415
Registered Nurse (Developmental Disability)
254416
Registered Nurse (Disability and Rehabilitation)
254417
Registered Nurse (Medical)
254418
Registered Nurse (Medical Practice)
254421
Registered Nurse (Mental Health)
254422
Registered Nurse (Perioperative)
254423
Registered Nurse (Surgical)
254424
Registered Nurses nec
254499
ICT Business Analyst
261111
Systems Analyst
261112
Multimedia Specialist
261211
Web Developer
261212
Analyst Programmer
261311
Developer Programmer
261312
Software Engineer
261313
Software Tester
261314
Software and Applications Programmers nec
261399
Database Administrator
262111
ICT Security Specialist
262112
Systems Administrator
262113
Computer Network and Systems Engineer
263111
Network Administrator
263112
Network Analyst
263113
ICT Quality Assurance Engineer
263211
ICT Support Engineer
263212
ICT Systems Test Engineer
263213
ICT Support and Test Engineers nec
263299
Telecommunications Engineer
263311
Telecommunications Network Engineer
263312
Barrister
271111
Judicial and Other Legal Professionals nec
271299
Solicitor
271311
Careers Counsellor
272111
Drug and Alcohol Counsellor
272112
Family and Marriage Counsellor
272113
Rehabilitation Counsellor
272114
Student Counsellor
272115
Counsellors nec
272199
Clinical Psychologist
272311
Educational Psychologist
272312
Organisational Psychologist
272313
Schedule (Continued)
OCCUPATION
ANZSCO Code
Psychotherapist
272314
Psychologists nec
272399
Historian
272411
Interpreter
272412
Translator
272413
Social Professionals nec
272499
Social Worker
272511
Community Arts Worker
272611
Recreation Officer
272612
Welfare Worker
272613
Agricultural Technician
311111
Anaesthetic Technician
311211
Cardiac Technician
311212
Medical Laboratory Technician
311213
Operating Theatre Technician
311214
Pharmacy Technician
311215
Pathology Collector (Aus) / Phlebotomist(NZ)
311216
Medical Technicians nec
311299
Fisheries Officer
311311
Meat Inspector
311312
Quarantine Officer
311313
Primary Products Inspectors nec
311399
Chemistry Technician
311411
Earth Science Technician
311412
Life Science Technician
311413
School Laboratory Technician
311414
Science Technicians nec
311499
Architectural Draftsperson
312111
Building Associate
312112
Building Inspector
312113
Construction Estimator
312114
Plumbing Inspector
312115
Surveying or Spatial Science Technician
312116
Architectural, Building and Surveying Technicians nec
312199
Civil Engineering Draftsperson
312211
Civil Engineering Technician
312212
Electrical Engineering Draftsperson
312311
Electronic Engineering Draftsperson
312411
Electronic Engineering Technician
312412
Mechanical Engineering Draftsperson
312511
Mechanical Engineering Technician
312512
Safety Inspector
312611
Maintenance Planner
312911
Metallurgical or Materials Technician
312912
Mine Deputy
312913
Building and Engineering Technicians nec
312999
Hardware Technician
313111
ICT Customer Support Officer
313112
Schedule (Continued)
OCCUPATION
ANZSCO Code
Web Administrator
313113
ICT Support Technicians nec
313199
Radiocommunications Technician
313211
Telecommunications Field Engineer
313212
Telecommunications Network Planner
313213
Telecommunications Technical Officer or Technologist
313214
Engineering Patternmaker
323411
Communications Operator
342312
Gallery or Museum Technician
399311
Library Technician
399312
Interior Decorator
399912
Ambulance Officer
411111
Intensive Care Ambulance Paramedic
411112
Dental Hygienist
411211
Dental Prosthetist
411212
Dental Technician
411213
Dental Therapist
411214
Enrolled Nurse
411411
Mothercraft Nurse
411412
Aboriginal and Torres Strait Islander Health Worker
411511
Massage Therapist
411611
Community Worker
411711
Disabilities Services Officer
411712
Family Support Worker
411713
Parole or Probation Officer
411714
Residential Care Officer
411715
Youth Worker
411716
Emergency Service Worker
441211
Fire Fighter
441212
Detective
441311
Police Officer
441312
Private Investigator
442214
Security Consultant
442216
Beauty Therapist
451111
Funeral Director
451311
Diving Instructor (Open Water)
452311
Gymnastics Coach or Instructor
452312
Horse Riding Coach or Instructor
452313
Snowsport Instructor
452314
Swimming Coach or Instructor
452315
Tennis Coach
452316
Other Sports Coach or Instructor
452317
Dog or Horse Racing Official
452318
Sports Development Officer
452321
Sports Umpire
452322
Other Sports Official
452323
Footballer
452411
Golfer
452412
Schedule (Continued)
OCCUPATION
ANZSCO Code
Jockey
452413
Sportspersons nec
452499
Contract Administrator
511111
Program or Project Administrator
511112
Bookmaker
552311
Stock and Station Agent
611112
Retail Buyer
639211
Funeral Workers nec
451399
Specialist Managers nec
139999
Hospitality, Retail and Service Managers nec
149999
In this Instrument:
1. ANZSCO means, under regulation 1.03 of the Regulations, the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics as current on 1 July 2010. This is the ANZSCO - First Edition, Revision 1 (ABS Catalogue No. 1220.0) and is available online at HUhttp://www.abs.gov.auUH.
2. ASCO means, under regulation 1.03 of the Regulations, the Australian Standard Classification of Occupations, published by the Australian Bureau of Statistics on 31 July 1997. This is the ASCO - Second Edition (ABS Catalogue No. 1220.0) and is available online at HUhttp://www.abs.gov.auUH .
3. nec means “not elsewhere classified”.
