Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:6:p13
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 6 (pt 13/38)
Character Range: 787401–790321

For the purposes of paragraph 5(2)(b) of the Act (dealing with whether a person has functional English), the evidence referred to in each of the following paragraphs is prescribed evidence of the English language proficiency of a person:
 (a) evidence specified by the Minister in an instrument in writing for this paragraph;
 (c) evidence that:
 (i) the person holds an award (being a degree, a higher degree, a diploma or a trade certificate) that required at least 2 years of full‑time study or training; and
 (ii) all instruction (including instruction received in other courses for which the person was allowed credit) for that award was conducted in English;
 (d) if evidence referred to in paragraph (a) cannot be provided by the person—evidence that the person has been determined by the Minister, on the basis of an interview with the person, to have functional English.

5.18  Prescribed laws relating to control of fishing
  For the purposes of paragraph 262(1)(b) of the Act (specifying laws that, if broken by a non‑citizen in certain circumstances, will render the non‑citizen liable to repay costs to the Commonwealth), the following laws are prescribed:
 (a) the following laws of the Commonwealth:
 (i) the Continental Shelf (Living Natural Resources) Act 1968;
 (ii) the Fisheries Act 1952;
 (iii) the Fisheries Management Act 1991;
 (iv) the Torres Strait Fisheries Act 1984;
 (b) the following laws of Queensland:
 (i) the Fisheries Act 1976;
 (ii) the Fishing Industry Organisation and Marketing Act 1982;
 (c) the Fisheries Act 1905 of Western Australia.

5.19  Approval of nominated positions—Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa

Application
 (1) A person (the nominator) (including a partnership or unincorporated association) may apply to the Minister for approval of the nomination of a position in Australia.
 (2) The application must:
 (aa) if the application identifies a Subclass 187 (Regional Sponsored Migration Scheme) visa—be made before 16 November 2019 (subject to subclause (2A)); and
 (a) subject to subregulation (2AA), be made using the form specified by the Minister in a legislative instrument made for the purposes of this paragraph; and
 (b) identify the position; and
 (c) identify a person (the identified person) in relation to the position; and
 (d) identify an occupation in relation to the position; and
 (e) identify the subclass and stream to which the nomination relates, which must be one of the following:
 (i) a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream;
 (ii) a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;
 (iii) a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream;
 (iv) Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream;
 (v)