Selected Legislation Changes July - December 2024

Change Details In effect from
LMT time limit increase to 6 months, TSMIT to be replaced with SSIT & CSIT, annual indexation of income thresholds, SBS publications

 Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7224

Consistent with the Government’s Migration Strategy (released on 11 December 2023), the TSMIT will be replaced under the new Skills in Demand visa with a Core Skills Income Threshold (CSIT), set in alignment with the TSMIT and a Specialist Skills Income Threshold (SSIT), set at a higher amount to reflect specialist skills required by those occupations.

The Bill will also make amendments to the Migration Act to:

·          provide that labour market testing be completed within 6 months (increased from 4 months) prior to the sponsor of a skilled migrant worker lodging a nomination;

·          for the proposed temporary Skills in Demand visa, legislate income thresholds of:

   a SSIT of $135,000 for highly skilled specialists, to ensure Australia can quickly recruit top talent; and

   a CSIT of $73,150 for persons that are nominated for occupations that are in national shortage or where Australia has committed to providing access to our labour market in relation to that occupation through international trade agreements;

·          provide the annual indexation of the income thresholds which would be implemented on 1 July each year. The indexation will reflect changes in the trend figure for Average Weekly Ordinary Time Earnings;

·          provide that the income threshold for an applicant with essential skills will be worked out in accordance with the Migration Regulations, unless the Minister has specified an amount in writing that an employer must pay in relation to the applicant;

·          provide for the publication of a register of approved standard business sponsors and accredited sponsors who have nominated skilled workers for entry to Australia, including the sponsor’s business name, and Australian Business Number, postcode, the number of individuals nominated under the sponsorship approval process and the occupations of the nominated workers.

 BILL ONLY
Workplace Justice Visa

Migration Amendment (Workplace Justice Visa) Regulations 2024 https://www.legislation.gov.au/F2024L00837/latest/text

- to implement a new workplace justice visa that enables a temporary migrant to remain in Australia for a period of time to undertake a workplace justice activity. The Workplace Justice Visa operates as a new clause in the subclass 408 (Temporary Activity) visa. Under policy, a Workplace Justice Visa may generally be granted for a period to allow the holder the right to remain in Australia for a minimum period of 6 months or up to 12 months (within a maximum available period of 4 years available under the Migration Regulations).  The visa is only available to temporary migrants in Australia, and who have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party.  Workplace Justice Visa holders will be able to work in order to support themselves while they pursue workplace justice. Members of their family unit who are in Australia are also able to apply for this visa.

Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024 https://www.legislation.gov.au/F2024L00831/latest/text

The purpose of this instrument is to specify that the visa application charge is nil for applicants for a Workplace Justice visa.

 01 July 2024
Strengthening Reporting Protections - Workplace Exploitation Certificates

Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024 https://www.legislation.gov.au/F2024L00919/latest/text

The Strengthening Reporting Protections Regulations amended the Migration Regulations to prescribe matters that the Minister must have regard to in determining under paragraph 116(1)(b) of the Migration Act 1958, whether to cancel certain temporary visas for a breach of a visa condition in certain circumstances. The Strengthening Reporting Protections Regulations also prescribe:

  • circumstances in which the visa of a temporary migrant worker who has been subject to a workplace exploitation matter must not be cancelled (non-discretionary protection); and
  • where the non-discretionary circumstances do not apply – matters that the Minister must have regard to when determining whether to cancel the visa of a temporary migration worker (discretionary protection).
 24 July 2024
408 Workplace Justice Visa - certificates and class of persons 

Migration (Workplace Justice Visa—LIN 24/055) Instrument 2024 https://www.legislation.gov.au/F2024L00918/latest/text

The Migration Amendment (Workplace Justice Visa) Regulations 2024 (the Workplace Justice Visa Regulations) amended the Migration Regulations on 1 July 2024. The Workplace Justice Visa Regulations established a new clause under the subclass 408 Temporary Activity Visa in Schedule 2 of the Migration Regulations for a workplace justice visa. The workplace justice visa enables a temporary migrant worker to remain in Australia for a period of time to undertake a workplace justice activity in relation to a matter of workplace exploitation. Further information about the Workplace Justice Visa Regulations can be found in the Explanatory Statement for those Regulations on the Federal Register of Legislation.

As amended by the Workplace Justice Visa Regulations, the Migration Regulations provide for a legislative instrument to be made by the Minister to specify the following matters:

  • the persons, bodies or government entities that may issue a certificate as to a matter of workplace exploitation;
  • the kind of matters relating to workplace exploitation that may be set out in the certificate; and
  • the class of persons who may apply for the workplace justice visa.

 24 July 2024
Partial student VAC refund for some pacific countries

Migration Amendment (Visa Application Charge Refund) Regulations 2024 https://www.legislation.gov.au/F2024L01016/asmade/text

- to mitigate the impact of the increase to the VAC (from 1 July 2024) for Student (Subclass 500) visa and Student Guardian (Subclass 590) visa applicants from the Pacific and Timor-Leste.

20 August 2024
Organ Transplant Disclosure

Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1384

- to require persons entering Australia to respond to specified questions in relation to organ transplants outside Australia; provide for annual reporting requirements in relation to this information; and enable the minister to refuse to grant, or to cancel, a person’s visa if the minister reasonably suspects the person has been involved in conduct constituting an offence involving trafficking in human organs. 

BILL ONLY
ART Miscellaneous Measures

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7237

Administrative Review Tribunal Commencement Proclamation 2024 https://www.legislation.gov.au/F2024N00804/asmade/text

- specifies that the Administrative Review Tribunal Act 2024 commences on 14 October 2024 which means that the new Administrative Review Tribunal will commence operations from this date.

Administrative Review Tribunal Rules 2024 https://www.legislation.gov.au/F2024L01179/asmade/text

The purpose of the Rules is to:

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 https://www.legislation.gov.au/F2024L01292/asmade/text

The Rules complement the transitional provisions in Schedule 16 to the Act. The Rules are technical in nature, and ensure that the transition from the AAT to the ART occurs smoothly and as intended. It also modifies, for a period of 6 months, the timeframe in which an application to the ART for review of a reviewable migration decision or reviewable protection decision, under section 347(3)(a) of the Migration Act 1958 (Migration Act), must be made by an applicant who is in immigration detention.

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 https://www.legislation.gov.au/F2024L01299/asmade/text

This instrument makes minor consequential amendments to regulations across the Commonwealth statute book to align with the ART Act. The purpose of the Amending Regulations is to:

14 October 2024
Digital Commonwealth statutory declarations

More info: https://www.ag.gov.au/legal-system/statutory-declarations/about-commonwealth-statutory-declarations/digital-commonwealth-statutory-declarations

 
462WHV pre-application process for some countries

Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01105/asmade/text

 to introduce a requirement that to make a valid application for a Subclass 462 (Work and Holiday) visa, applicants who hold a passport issued by a specified foreign country must have been randomly selected in a visa pre-application process arranged by the Minister in respect of the relevant country. Countries in respect of which a ballot for Subclass 462 visa applications will be introduced initially include the Peoples’ Republic of China, India and Vietnam.

Migration (Visa Pre‑application Process) Charge Amendment (Work and Holiday Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01106/asmade/text

The Regulations prescribe an amount of $25 as the charge for registration as a registered participant in a ballot process for a Subclass 462 visa. 

Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024 https://www.legislation.gov.au/F2024L01141/asmade/text

The purpose of the instrument is to make a determination in relation to visa pre-application processes for the random selection of registered participants who are seeking to apply for a Subclass 462 (Work and Holiday) visa and who hold valid passports issued by specified countries.

Migration (Specification of Foreign Countries for Subclass 462 (Work and Holiday) Visa Pre-Application Process) Instrument (LIN 24/058) 2024 https://www.legislation.gov.au/F2024L01137/asmade/text

The requirement to be selected in a visa pre-application process only applies to applicants who hold a passport issued by a country specified in this instrument for the purposes of paragraph 1224A(3A)(b) of the Migration Regulations. The specified countries are the People’s Republic of China, India and Vietnam.

16 September 2024
462WHV for India

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) (India) Amendment Instrument (LIN 24/059) 2024 https://www.legislation.gov.au/F2024L01139/asmade/text

- to specify India as a foreign country for WHV462 and associated requirements

16 September 2024
Migration, Pathway to Nation Building - JSM Recommendations

Migration, Pathway to Nation Building- Report from the Joint Standing Committee on Migration Inquiry https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Migration/MigrationPathway/Report/List_of_recommendations

 
ANZSCO is changing to OSCA

The Australian Bureau of Statistics and Statistics New Zealand announced, that while maintaining comparability, each country will introduce their own tailored occupational statistical classifications.

https://www.abs.gov.au/media-centre/media-releases/anzsco-change

https://www.abs.gov.au/about/consultation-and-conferences/updating-anzsco/about-osca

06 December 2024
Family Violence Provisions for Skilled Visa Applications 186, 187, 189, 190, 191, 887

Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 https://www.legislation.gov.au/F2024L01286/asmade/text

 to insert family violence provisions into Schedule 2 criteria for certain Skilled visas. This allows for the grant of a visa to a secondary applicant (and members of their family unit) for certain Skilled visas where the secondary applicant’s spouse or de facto relationship with a primary applicant has ended, and there was family violence committed by the primary applicant. The secondary applicant in these circumstances can only be granted a visa if the primary applicant has their visa granted, or if the primary applicant’s visa is refused for reasons which include family violence related conduct. This conduct does not necessarily have to be family violence committed against one of the members of the family unit, and could include violence committed against another person who was not included in the visa application.

15 October 2024
Health requirements PIC 4005, 4007

Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 https://www.legislation.gov.au/F2024L01288/asmade/text

amends paragraphs 4005(1)(c) and 4007(1)(c) of Schedule 4 to the Migration Regulations 1994 (the Migration Regulations) so that a minor visa applicant born and ordinarily resident in Australia, is not required to satisfy the Minister that they are free from a disease or condition which would necessitate the provision of health care or community services, where that would result in a significant cost to the Australian community or prejudice the access of an Australian citizen or permanent resident to that health care or community service.

16 October 2024
Removal  of unlawful non-citizens and non-citizens who hold certain bridging visas

Migration Amendment (Removal and Other Measures) Bill 2024  https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r7179

The new powers in this Bill will enable the Minister to give a direction to a removal pathway non-citizen to do specified things necessary to facilitate their removal, or to do other things the Minister is satisfied are reasonably necessary to determine whether there is a real prospect of their removal becoming practicable in the reasonably foreseeable future

A failure to comply with a direction, without a reasonable excuse, will be a criminal offence carrying a mandatory minimum sentence of 12 months’ imprisonment, and a maximum available sentence of five years’ imprisonment or 300 penalty units, or both.

The amendments in the Bill also confer a discretionary personal power on the Minister to designate a country as a removal concern country.  A non-citizen who is a national of a removal concern country and who is outside Australia cannot, subject to certain exceptions, make a valid application for a visa while the designation is in force.

 the day after it receives Royal Assent
To strengthen the legislative framework relating to the removal from Australia of certain non-citizens who are on a removal pathway

Migration Amendment Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7276

- to provide for the cessation of certain bridging visas where the holder of the visa has been granted permission by a foreign country to enter and remain in that country;
- to enable the minister to make a decision that a protection finding would no longer be made in relation to a non-citizen who holds a visa as a removal pathway non-citizen;
- to create an immunity from civil liability in relation to certain acts or omissions;
- to provide for the collection, use and disclosure of criminal history information or information to foreign countries;
- to provide for spending authority for third country reception arrangements; and make technical amendments.

the day after it receives Royal Assent
A prohibited thing in relation to immigration detention facilities and detainees  Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024  https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7291

to allow the Minister to determine that a thing is a prohibited thing in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility), if the Minister is satisfied that possession or use of that thing might be a risk to the health, safety or security of persons in the facility, or to the order of the facility.

Prohibited things may include, but are not limited to, controlled drugs (as defined in the Criminal Code (Cth) ) and prescription drugs not taken by the person to whom they are prescribed, mobile phones, Subscriber Identity Module (SIM) cards and other internet-capable devices. A thing will only be determined to be a prohibited thing and seized where it is necessary and proportionate to do so.

to be fixed by Proclamation or 6 months and a day after the Bill receives Royal Assent
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Migration Agents Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents. 

The Code of Conduct:

(a) protects clients of migration agents; and

(b) strengthens the integrity of the immigration advice industry and Australia’s immigration system.


Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958.

https://www.legislation.gov.au/Details/F2021L01856

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