Document ID: chunk:federal_register_of_legislation:F2024L01653:clause:1_12
Version: federal_register_of_legislation:F2024L01653
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 5733–7675

12  Clause 186.243 of Schedule 2
Repeal the clause, substitute:

186.243
 (1) The applicant has the qualifications, experience and other attributes (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (2) The applicant satisfies any language test requirements (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (3) The applicant demonstrates their English language proficiency in the manner (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (4) The applicant demonstrates that they have the skills that are necessary to perform the tasks of the occupation to which the position relates in the manner (if any) specified by the Minister in the labour agreement mentioned in paragraph 186.241(b):
 (a) for the occupation to which the position relates; and
 (b) for the visa.
 (5) If a manner specified in the labour agreement for the purposes of subclause (4) is that the applicant's skills must be assessed as suitable for the occupation to which the position relates, all of the following apply:
 (a) the applicant's skills have been assessed as suitable by:
 (i) if there is a relevant assessing authority for the occupation—the relevant assessing authority for the occupation; or
 (ii) otherwise—the person or body specified by the Minister in the labour agreement for the occupation;
 (b) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period has not ended;
 (c) if paragraph (b) does not apply—not more than 3 years have passed since the date of the assessment.