Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p20
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 20/38)
Character Range: 805562–808327

to disregard any such information;
 (j) the requirements set out in subregulation (10) or (12) are met.

Occupations for the Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream
 (10) The requirements of this subregulation are as follows:
 (a) the tasks to be performed in the position will be performed in Australia and correspond to the tasks of an occupation specified in a legislative instrument:
 (i) made under subregulation (11); and
 (ii) in force at the time the application is made;
 (b) the occupation applies to the identified person in accordance with that instrument.
 (11) The Minister may, by legislative instrument, specify occupations for the purposes of subregulation (10) and, for each occupation, specify any matters for the purposes of determining whether the occupation applies to an identified person, including matters relating to any of the following:
 (a) the nominator;
 (b) the identified person;
 (c) the occupation;
 (d) the position in which the identified person is to work;
 (e) the circumstances in which the occupation is undertaken;
 (f) the circumstances in which the person is to be employed in the position.

Occupations for the Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream
 (12) The requirements of this subregulation are as follows:
 (a) the position is located at a place in regional Australia;
 (b) the business operated by the nominator is located at that place;
 (c) the position cannot be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned;
 (d) the tasks to be performed in the position correspond to the tasks of an occupation specified in a legislative instrument:
 (i) made under subregulation (13); and
 (ii) as in force at the time the application is made;
 (e) the occupation applies to the identified person in accordance with that instrument;
 (f) the Minister has been advised by a body that meets the requirements set out in paragraph (g) of this subregulation about matters relating to the following:
 (i) whether the identified person would be paid at least the annual market salary rate for the occupation;
 (ii) whether there is a genuine need for the identified person to be employed in the position, under the direct control of the nominator;
 (iii) whether the position can be filled by an Australian citizen or an Australian permanent resident who is living in, or would move to, the local area concerned;
 (g) the body must:
 (i) be specified in a legislative instrument made by the Minister for the purposes of this paragraph; and
 (ii) be located in the State or Territory in which the position is located; and
 (iii) have responsibility for the local area in