Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p42
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 42/79)
Character Range: 524961–527869

(f) the nominee's annual earnings, excluding any non‑monetary benefits, in relation to the occupation will not be less than the temporary skilled migration income threshold specified by the Minister in a legislative instrument made for the purposes of paragraph (d) of this subregulation; and
 (g) either:
 (i) there is no information known to Immigration that indicates that the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is inconsistent with Australian labour market conditions relevant to the occupation; or
 (ii) it is reasonable to disregard any such information.
 (16) However:
 (a) the Minister may disregard the criterion in paragraph (15)(d) of this regulation if the Minister is satisfied that:
 (i) the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation 2.72(17)) is not less than the temporary skilled migration income threshold specified by the Minister in a legislative instrument made for the purposes of paragraph (15)(d) of this regulation; and
 (ii) it is reasonable in the circumstances to do so; and
 (b) the Minister may disregard the criterion in paragraph (15)(f) of this regulation if the Minister is satisfied that it is reasonable in the circumstances to do so.
 (17) If the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream, the Minister is satisfied that:
 (a) either:
 (i) there is no information known to Immigration that indicates that the employment conditions (other than in relation to earnings) that will apply to the nominee are less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or
 (ii) it is reasonable to disregard any such information; and
 (b) the person has not engaged in discriminatory recruitment practices.
 (18) If the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream, the Minister is satisfied that the Minister has been advised by a body that meets the requirements set out in subregulation (19) about whether the nominee would be paid at least the annual market salary rate for the occupation.
 (19) For the purposes of subregulation (18), the body must:
 (a) be specified by the Minister under subregulation (20); and
 (b) be located in the State or Territory in which the position is located; and
 (c) have responsibility for the part of Australia mentioned in subregulation (6).
 (20) The Minister may, by legislative instrument, specify bodies for the purposes of paragraph (19)(a).

Additional requirements in relation to Labour Agreement stream
 (21) If the occupation is nominated for a Subclass