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LIN 23/078
Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023
I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make this instrument under the Migration Regulations 1994 (the Regulations).
Dated 14 November 2023
Andrew Giles
Minister for Immigration, Citizenship and Multicultural Affairs

Contents
1 Name 3
2 Commencement 3
3 Authority 3
4 Schedules 3
Schedule 1 Amendments 4
Schedule 2 Repeals 7
Part 1—Repeals 7
Part 2—Application of repeals 7

1 Name
        This instrument is the Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023.

2 Commencement
       (1)   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1                          Column 2                                                                                                                             Column 3
Provisions                        Commencement                                                                                                                         Date/Details
1.  The whole of this instrument  At the same time as the Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 commences.

            Note:      This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
       (2)   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority
        This instrument is made under the following provisions of the Migration Regulations 1994:
(a) subparagraph 5.19(5)(a)(iii);
(b) subregulation 5.19(6);
(c) subregulation 5.19(8);
(d) subregulation 5.19(13);
(e) paragraph 186.221(1)(b) of Schedule 2;
(f) paragraph 187.221(b) of Schedule 2;
(g) paragraph 187.222(b) of Schedule 2; and
(h) subclause 494.223(2) of Schedule 2.

4 Schedules
  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 Amendments
(s.4)

Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019

[1] Section 5, definition of concession period
Repeal the definition.

[2] Section 5, definition of coronavirus employment change
Repeal the definition.

[3] Section 5, definition of legacy 457 worker
      Repeal the definition, substitute:

    legacy 457 worker, for a Subclass 186 (Employer Nomination Scheme) visa application, means a person who:
(a) held a Subclass 457 (Temporary Work (Skilled)) visa on or after 18 April 2017;
(b) was in Australia for at least 12 months between 1 February 2020 and 14 December 2021; and
(c) applied for the Subclass 186 (Employer Nomination Scheme)