Subclass 494 and 407 F2019L01445
Regional Certifying Bodies for subclass 494 nominations: LIN 19/214
LIN 19/214 specifies 47 bodies, listed in eight State and Territory tables, as Regional Certifying Bodies that advise the Minister on subclass 494 Employer Sponsored stream nominations.
The Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019 was signed on 8 November 2019 by David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, under subregulation 2.72C(20) of the Migration Regulations 1994 (section 3). Section 2 provides that it commences at the same time as Schedule 2 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019. It has not been amended.
The explanatory statement says the instrument specifies bodies who can give advice to the Minister about the matters set out in subregulation 2.72C(18)
in relation to applications for approval of a nomination for a subclass 494 visa. In the current Migration Regulations (Compilation No. 288, 1 July 2026), subregulation 2.72C(18) requires the Minister to have been advised by such a body about whether the nominee would be paid at least the annual market salary rate for the occupation, where the occupation is nominated in the Employer Sponsored stream.
The 47 bodies
Section 4 lists the Regional Certifying Bodies in eight tables, one for each State and Territory. The full list of names is in the instrument; the names are those used in November 2019.
| Table | Bodies | Examples, as named in the instrument |
|---|---|---|
| New South Wales | 14 | Regional Development Australia committees such as Central West Inc, Hunter Inc and Riverina Inc; Department of Planning, Industry and Environment |
| Victoria | 14 | Ballarat City Council; City of Greater Bendigo; Department of Jobs, Precincts and Regions offices in Geelong, Mildura, Traralgon, Wangaratta and Wodonga; Wimmera Development Association Inc |
| Queensland | 13 | Chamber of Commerce and Industry Queensland offices including Brisbane, Gold Coast, Sunshine Coast and Toowoomba; Cairns Chamber of Commerce; Maranoa Regional Council |
| Western Australia | 2 | Department of Training and Workforce Development; RDA Goldfields Esperance |
| South Australia | 1 | Department for Innovation and Skills |
| Tasmania | 1 | Department of State Growth |
| Australian Capital Territory | 1 | Chief Minister, Treasury and Economic Development Directorate |
| Northern Territory | 1 | Department of Trade, Business and Innovation |
| Total | 47 |
Which body advises on a nomination
Under subregulation 2.72C(19), the advising body must be specified in this instrument, be located in the State or Territory in which the position is located, and have responsibility for the part of Australia in which the position is located, which subregulation 2.72C(6) requires to be a designated regional area. Section 4 of LIN 19/214 provides that each listed body has responsibility for a part of Australia that is a designated regional area listed in an instrument made under the Regulations. Designated regional areas are currently specified in LIN 22/022, made under regulation 1.15M.
Which applications it applies to
Section 5 applies the instrument to an application for approval of a nomination for a subclass 494 visa made on or after 16 November 2019, and to an application for a subclass 494 visa made on or after that date where the related nomination application was also made on or after 16 November 2019.
Questions and answers
How many Regional Certifying Bodies are there?
47 in LIN 19/214: 14 in New South Wales, 14 in Victoria, 13 in Queensland, 2 in Western Australia, and 1 each in South Australia, Tasmania, the Australian Capital Territory and the Northern Territory (section 4).
What does a Regional Certifying Body advise on?
Under subregulation 2.72C(18) of the Migration Regulations 1994 (Compilation No. 288), whether the nominee for a subclass 494 Employer Sponsored stream position would be paid at least the annual market salary rate for the occupation.
Which body covers South Australia, Tasmania, the ACT or the Northern Territory?
Section 4 lists one body for each: the Department for Innovation and Skills (South Australia), the Department of State Growth (Tasmania), the Chief Minister, Treasury and Economic Development Directorate (ACT) and the Department of Trade, Business and Innovation (Northern Territory), as named in 2019.
Sources
- Migration (LIN 19/214: Regional Certifying Bodies) Instrument 2019, F2019L01445, Federal Register of Legislation
- Explanatory statement to LIN 19/214, F2019L01445
- Migration Regulations 1994, regulation 2.72C, F1996B03551
- Designated regional areas, LIN 22/022, F2022L00231
Instruments are amended and replaced. The version that applies to an application is usually the one in force on a particular date, which may not be the current one.
Full guide: Subclass 494
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