(1) This instrument is the Migration (IMMI 18/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018.

(2) This instrument may be cited as IMMI 18/049.

2 Commencement

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	18 March 2018.	18 March 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the following:

(a) paragraphs 5.19(8)(a) and (c) of the Migration Regulations 1994;

(b) subregulation 5.19(11) of the Migration Regulations 1994;

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Regulations, including the following:

(a) ANZSCO;

(b) AUD.

In this instrument:

identified person has the meaning given by paragraph 5.19(2)(c) of the Regulations.

international trade obligation means an obligation of Australia under international law that relates to international trade, including such an obligation that arises under any agreement between Australia and another country or other countries.

limited service restaurant includes the following:

(a) a fast food or takeaway food service;

(b) a fast casual restaurant;

(d) a limited service cafe, including a coffee shop or mall cafe;

(e) a limited service pizza restaurant.

Medium and Long‑term Strategic Skills List means the table in subsection 7(1).

nec is short for not elsewhere classified.

Regulations means the Migration Regulations 1994.

university lecturer includes a research associate and research fellow in a university.

Part 2—Specification of occupations and assessing authorities for Subclass 186 visa

6 Specification of occupations and assessing authorities

Occupations—Temporary Residence Transition stream

(1) For the purposes of paragraphs 5.19(8)(a) and (c) of the Regulations:

(a) an occupation mentioned in column 1 of an item of the Medium and Long‑term Strategic Skills List is specified for the purposes of paragraph 5.19(5)(c) of the Regulations; and

(b) subject to section 8 of this instrument, the occupation applies to an identified person if the tasks of the occupation that are to be performed by the identified person correspond to the tasks set out in the ANZSCO code specified for the occupation in column 2 of the item.

Occupations—Direct Entry stream

(2) For the purposes of subregulation 5.19(11) of the Regulations:

(a) an occupation mentioned in column 1 of an item of the Medium and Long‑term Strategic Skills List is specified for the purposes of subregulation 5.19(10) of the Regulations; and

Assessing authorities—Direct Entry stream

(3) For the purposes of paragraph 186.234(2)(a) of Schedule 2 to the Regulations, an assessing authority mentioned in column 3 of an item of the Medium and Long‑term Strategic Skills List is the assessing authority for the occupation specified in column 1 of that item.

7 Medium and Long‑term Strategic Skills List

(1) The following table is the Medium and Long‑term Strategic Skills List.

Medium and Long‑term Strategic Skills List
Item		Column 1 Occupation	Column 2 ANZSCO code	Column 3 Assessing authority	Column 4 Inapplicability conditions (see section 8)
1		chief executive or managing director	111111	AIM	5
2		corporate general manager	111211	AIM	5
3		construction project manager	133111	VETASSESS
4		engineering manager	133211	(a) Engineers Australia; or (b) AIM
5		child care centre manager	134111	TRA
6		nursing clinical director	134212	ANMAC
7		primary health organisation manager	134213	VETASSESS
8		welfare centre manager	134214	ACWA
9	faculty head		134411	VETASSESS
10	chief information officer		135111	ACS
11		environmental manager	139912	VETASSESS
12		musician (instrumental)	211213	VETASSESS
13		accountant (general)	221111	(a) CPAA; or (b) IPA; or (c) CAANZ	6, 19, 21
14		management accountant	221112	(a) CPAA; or (b) IPA; or (c) CAANZ	6, 19, 21
15		taxation accountant	221113	(a) CPAA; or (b) IPA; or (c) CAANZ	6, 19, 21
16		external auditor	221213	(a) CPAA; or (b) IPA; or (c) CAANZ
17		internal auditor	221214	VETASSESS
18		actuary	224111	VETASSESS
19		statistician	224113	VETASSESS
20		economist	224311	VETASSESS
21		land economist	224511	VETASSESS
22		valuer	224512	VETASSESS
23		management consultant	224711	VETASSESS	19, 21, 23
24		architect	232111	AACA
25		landscape architect	232112	VETASSESS
26		surveyor	232212	SSSI
27		cartographer	232213	VETASSESS
28		other spatial scientist	232214	VETASSESS
29		chemical engineer	233111	Engineers Australia
30		materials engineer	233112	Engineers Australia
31		civil engineer	233211	Engineers Australia
32		geotechnical engineer	233212	Engineers Australia
33		quantity surveyor	233213	AIQS
34		structural engineer	233214	Engineers Australia
35		transport engineer	233215	Engineers Australia
36		electrical engineer	233311	Engineers Australia
37		electronics engineer	233411	Engineers Australia
38		industrial engineer	233511	Engineers Australia
39		mechanical engineer	233512	Engineers Australia
40		production or plant engineer	233513	Engineers Australia
41		mining engineer (excluding petroleum)	233611	Engineers Australia
42		petroleum engineer	233612	Engineers Australia
43		aeronautical engineer	233911	Engineers Australia
44		agricultural engineer	233912	Engineers Australia
45		biomedical engineer	233913	Engineers Australia
46		engineering technologist	233914	Engineers Australia
47		environmental engineer	233915	Engineers Australia
48		naval architect	233916	Engineers Australia
49		engineering professionals (nec)	233999	Engineers Australia
50		agricultural consultant	234111	VETASSESS
51		agricultural scientist	234112	VETASSESS
52		forester	234113	VETASSESS
53		chemist	234211	VETASSESS
54		food technologist	234212	VETASSESS
55		environmental consultant	234312	VETASSESS
56		environmental research scientist	234313	VETASSESS
57		environmental scientists (nec)	234399	VETASSESS
58		geophysicist	234412	VETASSESS
59		hydrogeologist	234413	VETASSESS
60		life scientist (general)	234511	VETASSESS
61		biochemist	234513	VETASSESS
62		biotechnologist	234514	VETASSESS
63		botanist	234515	VETASSESS
64		marine biologist	234516	VETASSESS
65		microbiologist	234517	VETASSESS
66		zoologist	234518	VETASSESS
67		life scientists (nec)	234599	VETASSESS
68		medical laboratory scientist	234611	AIMS
69		veterinarian	234711	AVBC
70		conservator	234911	VETASSESS
71		metallurgist	234912	VETASSESS
72		meteorologist	234913	VETASSESS
73		physicist	234914	See subsection (2)
74		natural and physical science professionals (nec)	234999	VETASSESS
75		early childhood (pre‑primary school) teacher	241111	AITSL
76		secondary school teacher	241411	AITSL
77		special needs teacher	241511	AITSL
78		teacher of the hearing impaired	241512	AITSL
79		teacher of the sight impaired	241513	AITSL
80		special education teachers (nec)	241599	AITSL
81		university lecturer	242111	VETASSESS
82		medical diagnostic radiographer	251211	ASMIRT
83		medical radiation therapist	251212	ASMIRT
84		nuclear medicine technologist	251213	ANZSNM
85		sonographer	251214	ASMIRT
86		optometrist	251411	OCANZ
87		orthotist or prosthetist	251912	AOPA
88		chiropractor	252111	CCEA
89		osteopath	252112	AOAC
90		occupational therapist	252411	OTC
91		physiotherapist	252511	APC
92		podiatrist	252611	(a) APodA; or (b) ANZPAC
93		audiologist	252711	VETASSESS
94		speech pathologist	252712	SPA
95		general practitioner	253111	MedBA
96		specialist physician (general medicine)	253311	MedBA
97		cardiologist	253312	MedBA
98		clinical haematologist	253313	MedBA
99		medical oncologist	253314	MedBA
100		endocrinologist	253315	MedBA
101		gastroenterologist	253316	MedBA
102		intensive care specialist	253317	MedBA
103		neurologist	253318	MedBA
104		paediatrician	253321	MedBA
105		renal medicine specialist	253322	MedBA
106		rheumatologist	253323	MedBA
107		thoracic medicine specialist	253324	MedBA
108		specialist physicians (nec)	253399	MedBA
109		psychiatrist	253411	MedBA
110		surgeon (general)	253511	MedBA
111		cardiothoracic surgeon	253512	MedBA
112		neurosurgeon	253513	MedBA
113		orthopaedic surgeon	253514	MedBA
114		otorhinolaryngologist	253515	MedBA
115		paediatric surgeon	253516	MedBA
116		plastic and reconstructive surgeon	253517	MedBA
117		urologist	253518	MedBA
118		vascular surgeon	253521	MedBA
119		dermatologist	253911	MedBA
120		emergency medicine specialist	253912	MedBA
121		obstetrician and gynaecologist	253913	MedBA
122		ophthalmologist	253914	MedBA
123		pathologist	253915	MedBA
124		diagnostic and interventional radiologist	253917	MedBA
125		radiation oncologist	253918	MedBA
126		medical practitioners (nec)	253999	MedBA
127		midwife	254111	ANMAC
128		nurse practitioner	254411	ANMAC
129		registered nurse (aged care)	254412	ANMAC
130		registered nurse (child and family health)	254413	ANMAC
131		registered nurse (community health)	254414	ANMAC
132		registered nurse (critical care and emergency)	254415	ANMAC
133		registered nurse (developmental disability)	254416	ANMAC
134		registered nurse (disability and rehabilitation)	254417	ANMAC
135		registered nurse (medical)	254418	ANMAC
136		registered nurse (medical practice)	254421	ANMAC
137		registered nurse (mental health)	254422	ANMAC
138		registered nurse (perioperative)	254423	ANMAC
139		registered nurse (surgical)	254424	ANMAC
140		registered nurse (paediatrics)	254425	ANMAC
141		registered nurses (nec)	254499	ANMAC
142		ICT business analyst	261111	ACS
143		systems analyst	261112	ACS
144		multimedia specialist	261211	ACS
145		analyst programmer	261311	ACS
146		developer programmer	261312	ACS
147		software engineer	261313	ACS
148		software and applications programmers (nec)	261399	ACS
149		ICT security specialist	262112	ACS
150		computer network and systems engineer	263111	ACS
151		telecommunications engineer	263311	Engineers Australia
152		telecommunications network engineer	263312	Engineers Australia
153		barrister	271111	A legal admissions authority of a State or Territory
154		solicitor	271311	A legal admissions authority of a State or Territory
155		clinical psychologist	272311	APS
156		educational psychologist	272312	APS
157		organisational psychologist	272313	APS
158		psychologists (nec)	272399	APS
159		social worker	272511	AASW
160		civil engineering draftsperson	312211	(a) Engineers Australia; or (b) VETASSESS
161		civil engineering technician	312212	VETASSESS
162		electrical engineering draftsperson	312311	Engineers Australia
163		electrical engineering technician	312312	TRA
164		radio communications technician	313211	TRA
165		telecommunications field engineer	313212	Engineers Australia
166		telecommunications technical officer or technologist	313214	Engineers Australia
167		automotive electrician	321111	TRA
168		motor mechanic (general)	321211	TRA
169		diesel motor mechanic	321212	TRA
170		motorcycle mechanic	321213	TRA
171		small engine mechanic	321214	TRA
172		sheetmetal trades worker	322211	TRA
173		metal fabricator	322311	TRA
174		welder (first class)	322313	TRA
175		fitter (general)	323211	TRA
176		fitter and turner	323212	TRA
177		fitter‑welder	323213	TRA
178		metal machinist (first class)	323214	TRA
179		locksmith	323313	TRA
180		panelbeater	324111	TRA
181		bricklayer	331111	TRA
182		stonemason	331112	TRA
183		carpenter and joiner	331211	TRA
184		carpenter	331212	TRA
185		joiner	331213	TRA
186		painting trades worker	332211	TRA
187		glazier	333111	TRA
188		fibrous plasterer	333211	TRA
189		solid plasterer	333212	TRA
190		wall and floor tiler	333411	TRA
191		plumber (general)	334111	TRA
192		airconditioning and mechanical services plumber	334112	TRA
193		drainer	334113	TRA
194		gasfitter	334114	TRA
195		roof plumber	334115	TRA
196		electrician (general)	341111	TRA
197		electrician (special class)	341112	TRA
198		lift mechanic	341113	TRA
199		airconditioning and refrigeration mechanic	342111	TRA
200		technical cable jointer	342212	TRA
201		electronic equipment trades worker	342313	TRA
202		electronic instrument trades worker (general)	342314	TRA
203		electronic instrument trades worker (special class)	342315	TRA
204		chef	351311	TRA	7, 8
205		horse trainer	361112	TRA
206		cabinetmaker	394111	TRA
207		boat builder and repairer	399111	TRA
208		shipwright	399112	TRA

Note: For the meaning of the expressions in column 3, see section 9.

(2) The assessing authority for:

(a) a physicist (other than a medical physicist) is VETASSESS; and

(b) a medical physicist is ACPSEM.

8 Certain occupations do not apply to identified persons who are to work in certain positions

For the purposes of paragraph 5.19(8)(c) and subregulation 5.19(11) of the Regulations, an occupation does not apply to an identified person if:

(a) the occupation is mentioned in column 1 of an item of the Medium and Long‑term Strategic Skills List; and

(b) column 4 (inapplicability conditions) of that item mentions one or more numbers; and

(c) the item of the following table with that number, or an item of the following table with one of those numbers, applies to the position in which the identified person is to work.

Positions for which occupation is inapplicable
Item	Position
1	The position does not require a minimum of 2 years’ relevant work experience.
2	The position has nominated annual earnings of less than AUD65,000.
3	(a) the position has nominated annual earnings of less than AUD65,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
4	(a) the position has nominated annual earnings of less than AUD80,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
5	(a) the position has nominated annual earnings of less than AUD180,001; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
6	The position is a clerical, bookkeeper or accounting clerk position.
7	The position is involved in mass production in a factory setting.
8	The position is in a limited service restaurant.
9	The position predominantly involves responsibility for low‑skilled tasks. Example 1: Rostering, maintaining records, reception duties and allocating duties to housekeepers, porters or doorpersons. Example 2: Fruit picking or packing or feeding of livestock or animals. Example 3: Truck driving.
10	The position is not located in regional Australia (within the meaning of subregulation 5.19(16) of the Regulations).
11	The position: (a) is based in a front‑line retail setting; or (b) predominantly involves direct client transactional interaction on a regular basis.
12	The position: (a) is not a full‑time position; or (b) is not based in a therapeutic setting; or (c) involves the provision of non‑medical relaxation massage; or (d) is in a retail setting.
13	The position predominantly involves hairdressing or beauty therapy related non‑managerial tasks.
14	The position: (a) is not located in a commercial building or shopping centre environment; or (b) predominantly involves managing the provision of only one particular service to a facility or managing one particular relationship. Example: Managing the cleaning contract for a facility but not other contracts relevant to the facility.
15	The position: (a) is based in a front‑line retail setting; or (b) is based in a call centre and does not require a significant technical knowledge of products; or (c) predominantly involves selling educational courses to individual students.
16	The position relates to mobile phone repairs.
17	The position relates to mass or standardised production (as opposed to specialist production), including the following: (a) a position based in a franchise or factory; (b) a position that: (i) involves full or partial production of food product for distribution to another location; or (ii) predominantly involves the use of pre‑prepared food product from another location.
18	The position relates to animal husbandry, including caring for livestock on a farm.
19	The position is in a business that has an annual turnover of less than AUD1,000,000.
20	(a) the position is in a business that has an annual turnover of less than AUD1,000,000; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
21	The position is in a business that has fewer than 5 employees.
22	(a) the position is in a business that has fewer than 5 employees; and (b) if the identified person is to be transferred to fill the position—the transfer is not an intra‑corporate transfer to which an international trade obligation applies.
23	The position has nominated annual earnings of less than AUD90,000.

9 Assessing authorities

For the purposes of column 3 of the Medium and Long‑term Strategic Skills List, an expression mentioned in column 1 of an item of the following table is short for the expression mentioned in column 2 of that item.

Assessing authorities
Item	Column 1 This expression …	Column 2 is short for …
1	AACA	Architects Accreditation Council of Australia Inc.
2	AASW	Australian Association of Social Workers
3	ACPSEM	Australasian College of Physical Scientists and Engineers in Medicine
4	ACS	Australian Computer Society
5	ACWA	Australian Community Workers Association
6	ADC	Australian Dental Council
7	AIM	Australian Institute of Management
8	AIMS	Australian Institute of Medical Scientists
9	AIQS	Australian Institute of Quantity Surveyors
10	AITSL	Australian Institute for Teaching and School Leadership
11	AMSA	Australian Maritime Safety Authority
12	ANMAC	Australian Nursing & Midwifery Accreditation Council Limited
13	ANZPAC	Australian and New Zealand Podiatry Accreditation Council Inc.
14	ANZSNM	Australian and New Zealand Society of Nuclear Medicine
15	AOAC	Australasian Osteopathic Accreditation Council Note: AOAC was previously known as the Australian and New Zealand Osteopathic Council.
16	AOPA	Australian Orthotic Prosthetic Association
17	APC	Australian Physiotherapy Council
18	APharmC	Australian Pharmacy Council
19	APodA	Australian Podiatry Association Note: APodA was previously known as the Australian Podiatry Council.
20	APS	Australian Psychological Society
21	ASMIRT	Australian Society of Medical Imaging and Radiation Therapy Note: ASMIRT was previously known as the Australian Institute of Radiography.
22	AVBC	Australasian Veterinary Boards Council Inc.
23	CAANZ	Chartered Accountants Australia and New Zealand Note: CAANZ was previously known as the Institute of Chartered Accountants of Australia.
24	CASA	Civil Aviation Safety Authority
25	CCEA	Council on Chiropractic Education Australasia Limited
26	CPAA	CPA Australia Ltd
27	DAA	Dietitians Association of Australia
28	Engineers Australia	Institution of Engineers Australia
29	IPA	Institute of Public Accountants
30	MedBA	Medical Board of Australia
31	NAATI	National Accreditation Authority for Translators and Interpreters
32	OCANZ	Optometry Council of Australia and New Zealand
33	OTC	Occupational Therapy Council (Australia and New Zealand) Limited
34	SPA	Speech Pathology Australia
35	SSSI	Surveying and Spatial Sciences Institute
36	TRA	Trades Recognition Australia

Part 3—Application provisions

10 Application of this instrument

This instrument applies in relation to the following:

(a) an application for approval of a nomination made on or after 18 March 2018;

(b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream made on or after 18 March 2018 if the related application for approval of a nomination is made on or after that date.

11 Continued application of IMMI 18/005

Despite the repeal of the Migration (IMMI 18/005: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2018, that instrument (as in force immediately before 18 March 2018) continues to apply in relation to the following:

(a) an application for approval of a nomination made before 18 March 2018;

(b) an application for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream made on or after 17 January 2018 if the related application for approval of a nomination was made on or after that day but before 18 March 2018.

Note: Paragraph (a) is consistent with subclause 6705(1) of Schedule 13 to the Regulations.