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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023-2024
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Strengthening
Sponsorship and Nomination Processes)
Bill 2024
No. , 2024
(Home Affairs)
A Bill for an Act to amend the
Migration Act 1958
,
and for related purposes
No. , 2024
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1
--
Amendments
3
Migration Act 1958
3
No. , 2024
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
1
A Bill for an Act to amend the
Migration Act 1958
,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Migration Amendment (Strengthening Sponsorship
5
and Nomination Processes) Act 2024
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
No. , 2024
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2024
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
3
Schedule
1--Amendments
1
2
Migration Act 1958
3
1 Subsection 5(1)
4
Insert:
5
ABN
has the meaning given by the
A New Tax System (Australian
6
Business Number) Act 1999
.
7
2 At the end of subsection 140GB(2) (before note 1)
8
Add:
9
; and (c) if:
10
(i) the nomination relates to an applicant, or proposed
11
applicant, for a visa of a prescribed kind (however
12
described); and
13
(ii)
the nomination relates to the applicant's, or proposed
14
applicant's, proposed occupation; and
15
(iii) the proposed occupation is an occupation of a
16
prescribed kind;
17
the Minister is satisfied that the income threshold
18
requirement in paragraph (2A)(a) is met; and
19
(d) if:
20
(i) the nomination relates to an applicant, or proposed
21
applicant, for a visa of a prescribed kind (however
22
described); and
23
(ii)
the nomination relates to the applicant's, or proposed
24
applicant's, proposed occupation; and
25
(iii) the proposed occupation is an occupation of a
26
prescribed kind;
27
the Minister is satisfied that the income threshold
28
requirement in paragraph (2A)(b) is met; and
29
(e) if:
30
(i) the nomination relates to an applicant, or proposed
31
applicant, for a visa of a prescribed kind (however
32
described); and
33
Schedule 1
Amendments
4
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
No. , 2024
(ii)
the nomination relates to the applicant's, or proposed
1
applicant's, proposed occupation; and
2
(iii) the proposed occupation is an occupation of a
3
prescribed kind;
4
the Minister is satisfied that the income threshold
5
requirement in paragraph (2A)(c) is met.
6
3 After subsection 140GB(2)
7
Insert:
8
(2A) The
income threshold requirement
is:
9
(a) for the purposes of paragraph (2)(c)
--
if the applicant, or
10
proposed applicant, were granted the visa, the estimated
11
gross earnings of the applicant, or proposed applicant, from
12
working in the occupation for each 12-month period in the
13
proposed period of stay for the applicant, or proposed
14
applicant, would be $135,000 or more; and
15
(b) for the purposes of paragraph (2)(d)
--
if the applicant, or
16
proposed applicant, were granted the visa, the estimated
17
gross earnings of the applicant, or proposed applicant, from
18
working in the occupation for each 12-month period in the
19
proposed period of stay for the applicant, or proposed
20
applicant, would be $73,150 or more; and
21
(c) for the purposes of paragraph (2)(e)
--
if the applicant, or
22
proposed applicant, were granted the visa, the estimated
23
gross earnings of the applicant, or proposed applicant, from
24
working in the occupation for each 12-month period in the
25
proposed period of stay for the applicant, or proposed
26
applicant, would be equal to or more than:
27
(i) the amount worked out in accordance with regulations
28
made for the purposes of this subparagraph, unless
29
subparagraph (ii) applies; or
30
(ii) an amount specified in writing by the Minister under
31
subsection (2B) in relation to the applicant or proposed
32
applicant.
33
Note:
The amounts in paragraphs (a) and (b) are indexed each 1 July under
34
section 140GD.
35
Amendments
Schedule 1
No. , 2024
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
5
(2B) The Minister may, in writing, specify an amount for the purposes
1
of subparagraph (2A)(c)(ii) in relation to an applicant or proposed
2
applicant.
3
4 At the end of section 140GB
4
Add:
5
(5) The following paragraphs have effect:
6
(a) different kinds of visa (however described) may be
7
prescribed for the purposes of subparagraphs (2)(c)(i), (d)(i)
8
and (e)(i);
9
(b) different kinds of occupations may be prescribed for the
10
purposes of subparagraphs (2)(c)(iii), (d)(iii) and (e)(iii).
11
(6) A specification under subsection (2B) is not a legislative
12
instrument.
13
5 Subparagraph 140GBA(3)(b)(ii)
14
Omit
"
4 months
"
, substitute
"
6 months
"
.
15
6 Subsection 140GBA(4)
16
Omit
"
4 months
"
, substitute
"
6 months
"
.
17
7 At the end of Subdivision BA of Division 3A of Part 2
18
Add:
19
140GD Indexation of indexable amounts
20
(1) If the indexation factor for an indexation day is greater than 1, the
21
indexable amount is, on that day, replaced by the amount worked
22
out using the following formula:
23
The indexable amount immediately
Indexation factor for the indexation day
before the indexation day
24
25
(2) The amount worked out under subsection (1) is to be rounded to
26
the nearest whole dollar (rounding 50 cents upwards).
27
Schedule 1
Amendments
6
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
No. , 2024
Indexation factor
1
(3) The
indexation factor
for an indexation day is the number worked
2
out using the following formula:
3
AWOTE amount for the reference quarter
AWOTE amount for the base quarter
4
(4) The indexation factor is to be worked out to 3 decimal places
5
(rounding up if the fourth decimal place is 5 or more).
6
Publication of indexable amounts
7
(5) If the indexable amount is replaced under subsection (1) on an
8
indexation day, the Secretary must cause the replacement
9
indexable amount to be published on the
Department's
website as
10
soon as practicable after the indexation day. However, a failure by
11
the Secretary to do so does not invalidate the indexation.
12
Definitions
13
(6) In this section:
14
AWOTE amount
, for a quarter, means the estimate of the full-time
15
adult average weekly ordinary time earnings for persons in
16
Australia for the middle month of the quarter published by the
17
Australian Statistician in relation to that month.
18
base quarter
means the last December quarter before the reference
19
quarter.
20
December quarter
means a period of 3 months starting on
21
1 October.
22
indexable amount
means the dollar amount applicable under
23
paragraph 140GB(2A)(a) or (b).
24
indexation day
means the first 1 July to occur after the
25
commencement of this section and each later 1 July.
26
reference quarter
means the most recent December quarter before
27
the indexation day.
28
Amendments
Schedule 1
No. , 2024
Migration Amendment (Strengthening Sponsorship and Nomination
Processes) Bill 2024
7
140GE Publishing information about approved work sponsors
1
(1) The Secretary may publish
on the Department's website
2
information (including personal information) that:
3
(a) relates to an approved work sponsor; and
4
(b) is prescribed by regulations made for the purposes of this
5
paragraph.
6
Note:
This subsection constitutes an authorisation for the purposes of the
7
Privacy Act 1988
.
8
(2) Without limiting paragraph (1)(b), the regulations may prescribe
9
the following information:
10
(a) the kind of approved work sponsor;
11
(b) the name of the approved work sponsor;
12
(c)
the approved work sponsor's
ABN;
13
(d) the postcode (if any) associated with the approved work
14
sponsor's ABN;
15
(e) the number of nominations made by the approved work
16
sponsor under subsection 140GB(1);
17
(f) the kinds of occupations covered by nominations made by
18
the approved work sponsor under subsection 140GB(1).
19
(3) The regulations must not prescribe information that is a personal
20
identifier.
21
(4) The regulations may prescribe circumstances in which the
22
Secretary must not publish information under subsection (1).
23
8 Application
--
nominations
24
The amendments of sections 140GB and 140GBA of the
Migration Act
25
1958
made by this Schedule apply in relation to a nomination made on
26
or after the commencement of this item.
27