2009 Regulatory Plan

Regulatory plans provide information about past and future regulatory change that is likely to be of interest to businesses in Australia because that regulatory change may have an impact on the way in which they do business.

Regulatory Plans are not exhaustive listings of all regulatory activity carried out by the portfolio.

Part A – Past regulatory changes (which took effect during the 2008/09 financial year)

Title	Migration Amendment Regulations 2008 (No. 6)
Description of Issue	The Regulations amends the Migration Regulations 1994 to provide for persons and organisations who the Minister refused to approve as a sponsor under subregulation 1.20AA(2) of the Migration Regulations 1994 to apply to the Migration Review Tribunal for review of that decision. The Amendment Regulations also facilitate the lawful entry and stay of persons from a select group of countries invited to undertake seasonal work in Australia in accordance with an approved program. The Amendment Regulations also create a new Superyacht Crew (Temporary) (Class UW) and subclass 488 (Superyacht Crew) visa.
Date of Effect	Commenced on 9 August 2008 Regulations facilitating the entry of persons to undertake seasonal work commenced on 19 September 2008 Regulations to create the Superyacht Crew (Temporary (Class UW) and subclass 488 (Superyacht Crew) visa commenced on 27 October 2008

Title	Migration Amendment Regulations 2009 (No. 3)
Description of Issue	The purpose of the Regulations is to amend the Migration Regulations 1994 to increase the minimum International English Language Testing System (IELTS) score required to be met by certain persons, who are proposing to work in certain occupations to satisfy the criteria for grant of a subclass 457 (Business (Long Stay)) visa. These occupations include tradespersons, clerical and service workers, production and transport workers, and the occupations of Head Chef and Chef).
Date of Effect	Commenced on 14 April 2009

Title	Migration Amendment Regulations 2009 (No. 4)
Description of Issue	The purpose of the Regulations is to amend the Migration Regulations 1994 to ensure that applicants for General Skilled Migration visas have completed, where relevant, a significant length of study at a registered educational institution in Australia and have been awarded a qualification that Australian employers recognise and value.
Date of Effect	Commenced on 15 May 2009

Part B – Planned regulatory activities (which have taken effect in, or which are proposed for, the 2009/10 financial year)

Title	Migration Legislation Amendment (Worker Protection) Act 2008
Description of Issue	This Act amends the Migration Act 1958 to enhance the framework for the sponsorship of non-citizens seeking entry to Australia. The revised framework ensures working conditions of sponsored visa holders meet Australian standards through a heightened enforcement mechanism. This includes civil penalty provisions and revised monitoring and investigation powers to ensure sponsors comply with the new obligations. The Amendment Act also provides for greater information sharing powers between the department and prescribed Commonwealth, State and Territory agencies in relation to visa holders and their sponsors.
Date of Effect	To commence on 14 September 2009

Title	Migration Amendment Regulations 2009 (No. 5)
Description of Issue	These Regulations amend the Migration Regulations 1994 in relation to sponsorship for subclass 457 (Business (Long Stay)) visas and subclass 470 (Professional Development) visas.
Date of Effect	14 September 2009