Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p21
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 21/38)
Character Range: 808096–810923

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 which the position is located.
 (13) The Minister may, by legislative instrument, specify occupations for the purposes of subregulation (12) 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.

Labour Agreement stream—additional requirements for approval
 (14) If the nomination relates to a visa in a Labour Agreement stream, the following requirements must also be met:
 (a) the nominator is a party to a labour agreement;
 (b) the labour agreement:
 (i) is in effect; and
 (ii) specifies the occupation as one in relation to which a position may be nominated for the purposes of this regulation;
 (c) if the labour agreement specifies requirements that must be met by a party to the labour agreement—the requirements of the labour agreement have been met;
 (d) the number of nominations approved by the Minister under this regulation on application by the nominator is less than the number of approved nominations permitted under the labour agreement for the year.

Minister must give notice of approval or refusal
 (15) As soon as practicable after deciding whether to approve, or refuse to approve, the nomination, the Minister must give the nominator:
 (a) a copy of the written approval or refusal; and
 (b) if the Minister refuses to approve the nomination:
 (i) a written statement of the reasons why the nomination was refused; and
 (ii) a written statement that the decision is a reviewable migration decision.
Note: Division 4.1 deals with review of decisions. Paragraph 4.02(4)(e) provides that a decision under regulation 5.19 to refuse an application is a reviewable migration decision.

Meaning of regional Australia
 (16) In this regulation:
regional Australia means a part of Australia specified in legislative instrument made by the Minister for the purposes of this definition.

5.19A  Designated investment
 (1) Subject to subregulation (2), the Minister may, by legislative instrument, specify a security issued by an Australian State or Territory government authority as a security in which an investment is a designated investment for the purposes of a Part of Schedule 2.
 (2) The Minister may so specify a security if and only if:
 (a) an investment in the security