Commonwealth Numbered Regulations

1991 No. 60 MIGRATION REGULATIONS (AMENDMENT) - REG 33

  33.1   Subregulation 146 (1):

After "qualification" (second occurring), insert "prescribed".
  33.2   Sub-subparagraph 146 (1) (a) (i) (B):
Omit "included in the priority list of occupations;", substitute "a priority
occupation;".
  33.3   Sub-subparagraph 146 (1) (a) (i) (C):
Omit the sub-subparagraph, substitute:

"(C) for which, in Australia, a degree, trade certificate, diploma, associate
diploma or post-trade qualification is required or that is a
professional-equivalent occupation or a technical-equivalent occupation; and".
  33.4   Sub-subparagraph 146 (1) (a) (i) (D):
Omit "degree or trade certificate", substitute "degree, trade certificate,
diploma, associate diploma or post-trade qualification".
  33.5   Subparagraph 146 (1) (a) (ii):
Omit the subparagraph, substitute:

"(ii) has in respect of that occupation, qualifications or experience (or
both) required for the purpose of any Australian occupational licence or
registration (or both); and".
  33.6   Subparagraph 146 (1) (a) (iii):
Omit the subparagraph, substitute:

"(iii) has worked in that occupation, or, on any occasion when not working in
the usual occupation, a closely related occupation:

                (A)  for not less than 3 years, or such longer period as is
                     specified by a CTC or NOOSR, (except for periods of
                     absence that, in total duration, have not exceeded 12
                     months) immediately before making the application; and

                (B)  in the case of a person who has a qualification referred
                     to in sub-subparagraph (1) (a) (i) (D)-after acquiring
                     that qualification;".
  33.7   Paragraph 146 (1) (b):
Omit the paragraph, substitute:

"(b) the applicant's usual occupation:

        (i)    is not a priority occupation; and

        (ii)   is an occupation:

                (A)  for which, in Australia, a degree or trade certificate is
                     required; or

                (B)  that is a professional-equivalent occupation; and

        (iii)  in respect of which the applicant has:

                (A)  a degree, trade certificate or post-trade qualification
                     that is assessed by the relevant Australian authority as
                     meeting Australian educational or training standards for
                     that occupation; or

                (B)  experience assessed by the relevant Australian
                     authorities to be equivalent to the Australian standards
                     for that occupation;

        (iv)   in respect of which the applicant has qualifications or
               experience (or both) required for the purpose of holding any
               Australian occupational licence or registration (or both); and

        (v)    in which the applicant has worked or (on any occasion when not
               working in the usual occupation) that is closely related to the
               occupation in which the applicant has worked:

                (A)  for not less than 3 years, or such longer period as is
                     specified by a CTC or NOOSR, (except for periods of
                     absence that, in total duration, have not exceeded 12
                     months) immediately before making the application; and

                (B)  in the case of an applicant to whom sub-subparagraph
                     (iii) (A) applies, after acquiring the qualification
                     referred to in that sub-subparagraph;".
  33.8   Paragraph 146 (1) (c):
Omit the paragraph, substitute:

"(c) the applicant meets the qualification specified in paragraph (b) except
that, in respect of subparagraph (b) (v), he or she has worked, immediately
before making the application:

        (i)    for a period of less than 3 years; or

        (ii)   if a longer period of relevant work is specified by a CTC or
               NOOSR for the purposes of this provision-for a period less than
               that specified period;".
  33.9   Paragraph 146 (1) (d):
Omit the paragraph, substitute:

"(d) the applicant's usual occupation:

        (i)    is not a priority occupation; and

        (ii)   is an occupation:

                (A)  for which, in Australia, a diploma or associate diploma
                     is required; or

                (B)  that is a technical-equivalent occupation; and

        (iii)  in respect of which the applicant has:

                (A)  a diploma or associate diploma that is assessed by the
                     relevant Australian authority as meeting Australian
                     educational or training standards for that occupation; or

                (B)  experience assessed by the relevant Australian
                     authorities to be equivalent to the Australian standards
                     for that occupation;

        (iv)   in respect of which the applicant has qualifications or
               experience (or both) required for the purpose of holding any
               Australian occupational licence or registration (or both); and

        (v)    in which the applicant has worked or (on any occasion when not
               working in the usual occupation) that is closely related to the
               occupation in which the applicant has worked:

                (A)  for not less than 3 years, or such longer period as is
                     specified by a CTC or NOOSR, (except for periods of
                     absence that, in total duration, have not exceeded 12
                     months) immediately before making the application; and

                (B)  in the case of an applicant to whom sub-subparagraph
                     (iii) (A) applies, after acquiring the qualification
                     referred to in that sub-subparagraph;".
  33.10   Subparagraph 146 (1) (e) (ii):
Omit the subparagraph, substitute:

"(ii) has, immediately before making the application, worked in the
applicant's usual occupation, or, on any occasion when not working in the
usual occupation, a closely related occupation:

                (A)  for a period of less than 3 years; or

                (B)  if a period of relevant work is specified by a CTC or
                     NOOSR for the purposes of this provision-for a period
                     less than that specified period; and:

                (C)  in the case of a person who has a qualification referred
                     to in sub-subparagraph (1) (a) (i) (D)-after acquiring
                     that qualification;".
  33.11   Paragraph 146 (1) (h):
Omit "6 years of", substitute "12 years of primary and".
  33.12   Paragraph 146 (1) (i):
Omit "4 years of", substitute "10 years of primary and".
  33.13   Subparagraph 146 (1) (j) (i):
Omit the subparagraph, substitute:

"(i) is the holder of a degree, diploma, associate diploma or trade
certificate that:

                (A)  was completed not earlier than 12 months immediately
                     before making the application; and

                (B)  is assessed by the relevant Australian authority to be of
                     equivalent standard to a comparably styled degree,
                     diploma, associate diploma or trade certificate awarded
                     by an Australian educational institution; and".
  33.14   Subparagraph 146 (1) (k) (ii):
Omit the subparagraph, substitute:

"(ii) is the holder of a degree, diploma, associate diploma or trade
certificate that:

                (A)  was completed earlier than 12 months immediately before
                     making the application; and

                (B)  is assessed by the relevant Australian authority to be of
                     equivalent standard to a comparably styled degree,
                     diploma, associate diploma or trade certificate awarded
                     by an Australian educational institution; and".
  33.15   Subregulation 146 (2):
Omit the subregulation, substitute:

"(2) In this regulation: 'professional-equivalent occupation' means an
occupation specified by the Minister, by notice published in the Gazette, to
be a professional-equivalent occupation; 'priority occupation' means an
occupation specified by the Minister, by notice published in the Gazette, to
be a priority occupation; 'relevant Australian authority' means:

   (a)  NOOSR, or any body authorised in writing by NOOSR to assess
        educational qualifications or work experience on behalf of NOOSR; or

   (b)  a CTC; or

   (c)  if the circumstances of the case are such that an authority referred
        to in paragraph (a) or (b) is unable to make an assessment-an officer
        authorised in writing by the Minister or the Secretary to assess
        educational qualifications or work experience for the purposes of this
        regulation; 'technical-equivalent occupation' means an occupation
        specified by the Minister, by notice published in the Gazette, to be a
        technical-equivalent occupation.".