Compilation #2 | Effective 2024-12-07
FRBR Work URI: /akn/au/act/2018/1092
This instrument is the Migration (Skilling Australians Fund) Charges Regulations 2018.
This instrument is made under the Migration (Skilling Australians Fund) Charges Act 2018.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
Migration Act;
nomination;
nomination training contribution charge.
In this instrument:
Act means the Migration (Skilling Australians Fund) Charges Act 2018.
annual turnover, for a nomination, means:
(a) if the person liable to pay nomination training contribution charge in relation to the nomination operates a business in Australia—the total ordinary income (within the meaning of the Income Tax Assessment Act 1997) the person derived in the most recent income year (within the meaning of that Act) ending before the nomination day; or
in any other case—the total income the person liable to pay nomination training contribution charge in relation to the nomination derived in the ordinary course of business in the most recent financial year ending before the nomination day.
Migration Regulations means the Migration Regulations 1994.
nomination day means the day on which: the nomination is made under section 140GB of the Migration Act; or the application for approval of the nomination is made under regulation 5.19 of the Migration Regulations.
the nomination is made under section 140GB of the Migration Act; or
the application for approval of the nomination is made under regulation 5.19 of the Migration Regulations.
For the purposes of subsection 8(1) of the Act, this section sets out the amount of nomination training contribution charge payable in relation to a nomination, of a kind mentioned in subsection 140ZM(1) of the Migration Act, of a proposed occupation in relation to any of the following:
a holder of a Subclass 457 (Temporary Work (Skilled)) visa;
a holder of a Subclass 482 (Temporary Skill Shortage) visa;
a holder of a Subclass 482 (Skills in Demand) visa;
an applicant or a proposed applicant for a Subclass 482 (Skills in Demand) visa.
Note: Nominations of a kind mentioned in subsection 140ZM(1) of the Migration Act relate to temporary visas: see regulation 5.42 of the Migration Regulations.
Unless subsection (3) applies, the amount of nomination training contribution charge is the amount worked out using the formula:
where:
base amount is:
if the annual turnover for the nomination is less than $10,000,000—$1,200; or
in any other case—$1,800.
visa period is the number of years in the period of stay proposed in the nomination.
Note: The proposed period of stay may be 1, 2, 3 or 4 years: see subregulation 2.73(10) of the Migration Regulations.
The amount of nomination training contribution charge is nil if:
the nomination is for a Subclass 482 (Skills in Demand) visa in the Labour Agreement stream; and
the proposed occupation is minister of religion or religious assistant.
For the purposes of subsection 8(1) of the Act, this section sets out the amount of nomination training contribution charge payable in relation to a nomination, of a kind mentioned in subsection 140ZM(1) of the Migration Act, of a proposed occupation in relation to either of the following:
a holder of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;
an applicant or a proposed applicant for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.
Note: Nominations of a kind mentioned in subsection 140ZM(1) of the Migration Act relate to temporary visas: see regulation 5.42 of the Migration Regulations.
If paragraph (1)(a) applies, and subsection (4) does not apply, the amount of nomination training contribution charge is the amount worked out using the formula:
where:
base amount is:
if the annual turnover for the nomination is less than $10,000,000—$3,000; or
in any other case—$5,000.
elapsed years in visa period is the number of whole years in the period:
starting on the date of grant of the visa mentioned in paragraph (1)(a); and
ending on the nomination day in relation to the nomination.
If paragraph (1)(b) applies, and subsection (4) does not apply, the amount of nomination training contribution charge is:
if the annual turnover for the nomination is less than $10,000,000—$3,000; or
in any other case—$5,000.
The amount of nomination training contribution charge is nil if:
the nomination is for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream; and
the proposed occupation is minister of religion or religious assistant.
For the purposes of subsection 8(1) of the Act, this section sets out the amount of nomination training contribution charge payable in relation to a nomination of a kind mentioned in subsection 140ZM(2) of the Migration Act.
Note: Nominations of a kind mentioned in subsection 140ZM(2) of the Migration Act relate to permanent visas: see regulation 5.42 of the Migration Regulations.
Unless subsection (3) applies, the amount of nomination training contribution charge is:
if the annual turnover for the nomination is less than $10,000,000—$3,000; or
in any other case—$5,000.
The amount of nomination training contribution charge is nil if:
the nomination relates to a Subclass 186 (Employer Nomination Scheme) visa in the Labour Agreement stream; and
the application for approval of the nomination identifies the occupation of minister of religion or religious assistant.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history