Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:3:p34
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 3 (pt 34/79)
Character Range: 504062–506910

Minister is satisfied that:
 (c) the annual market salary rate for the occupation has been determined by the person in accordance with the instrument made under subregulation (17); and
 (d) the annual market salary rate, excluding any non‑monetary benefits, for the occupation (determined by the person in accordance with an instrument made under subregulation (17)) is not less than:
 (i) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream—the specialist skills income threshold; or
 (ii) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream—the core skills income threshold; and
 (e) the nominee's annual earnings in relation to the occupation will not be less than the annual market salary rate for the occupation (determined by the person in accordance with an instrument made under subregulation (17)); and
 (f) the nominee's annual earnings, excluding any non‑monetary benefits, in relation to the occupation will not be less than:
 (i) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Specialist Skills stream—the specialist skills income threshold; or
 (ii) if the occupation is nominated for a Subclass 482 (Skills in Demand) visa in the Core Skills stream—the core skills income threshold; 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 (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) 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 (17)) is not less than the amount of the specialist skills income threshold or the core skills income threshold that applies in relation to the occupation; and
 (ii) it is reasonable in the circumstances to do so; and
 (aa) the Minister may disregard the criterion in paragraph (15)(e) if:
 (i) under subregulation (10A), the Minister disregards the criterion in paragraph (10)(b) in relation to the position associated with the occupation; and
 (ii) the Minister is satisfied that it is reasonable in the circumstances to do so; and
 (b) the Minister may disregard the criterion in paragraph (15)(f) if the Minister is satisfied that it is reasonable in the circumstances to do so.
 (17) The Minister may, by legislative instrument, specify a method for determining the annual market salary rate for an occupation nominated under section 140GB of the Act or an occupation in relation to