Implementation of Skilling Australians Fund (SAF) Nomination Training Contribution Charge

Policy effect

Imposed the statutory Skilling Australians Fund (SAF) levy on employer nominations under Subclass 482 (TSS), Subclass 186 (ENS), and Subclass 187 (RSMS), replacing the former training benchmark expenditure requirements with a mandatory upfront government charge.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… applied to be, a temporary activities sponsor; and 14 Subregulation 2.72A(3) Repeal the subregulation, substitute: (3) The Minister is satisfied that the sponsor is a temporary activities sponsor. 15 Subregulation 2.72B(1) After “a nomination by”, insert “a person who is, or who has applied to be,”. 16 After subregulation 2.73(5) Insert: (5A) The nomination must be accompanied by any nomination training contribution charge the person is liable to pay in relation to the nomination. 17 Subparagraph 2.73(9)(b)(i) After “work agreement”, insert “or negotiations for a work agreement”. 18 At the end of … turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for nominations in relation to which the person is liable for nomination training contribution charge. 32 Subparagraphs 2.87(1A)(a)(iiia) and (b)(iiia) and (1B)(a)(iiia) and (b)(iiia) After “2.73A(3)”, insert “or nomination training contribution charge”. 33 Regulation 2.87B Repeal the regulation. 34 Paragraph 4.02(5)(c) Omit “approved sponsor”, substitute “person”. 35 After paragraph 5.19(2)(f) Insert: (fa) be accompanied by any nomination training contribution charge the nominator is liable to … pay in relation to the nomination; and (fb) identify the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination; and 36 After paragraph 5.19(4)(d) Insert: (da) any debt due by the nominator as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full; 37 Paragraph 5.19(5)(i) Repeal the paragraph. 38 Paragraph 5.19(10)(b) Omit “instrument;”, substitute “instrument.”. 39 Paragraph 5.19(10)(c) Repeal the paragraph. 40 Subregulation 5.36(4) (after … being paid was paid in another currency, in that other currency. 42 After Division 5.7 of Part 5 Insert: Division 5.7A—Nomination training contribution charge 5.42 Nominations that attract nomination training contribution charge (1) For the purposes of subsection 140ZM(1) of the Act, a nomination of a proposed occupation under paragraph 140GB(1)(b) of the Act in relation to any of the following is prescribed: (a) a holder of a Subclass 457 (Temporary Work (Skilled)) visa; (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa; (c) an applicant or a proposed applicant for a Subclass 482 … (Temporary Skill Shortage) visa. (2) For the purposes of paragraph 140ZM(2)(a) of the Act, the following kinds of visas are prescribed: (a) Subclass 186 (Employer Nomination Scheme) visas; (b) Subclass 187 (Regional Sponsored Migration Scheme) visas. (3) For the purposes of paragraph 140ZM(2)(b) of the Act, nominations under regulation 5.19 are prescribed.Authorised Version F2018L01093 registered 06/08/2018 Skilling Australians Fund Schedule 1 Migration Amendment (Skilling Australians Fund) Regulations 2018 9 OPC63282 - A 43 In the appropriate position in Schedule 13 Insert: Part 76—Amendments … made by the Migration Amendment (Skilling Australians Fund) Regulations 2018 7601 Definitions In this Part: amending regulations means the Migration Amendment (Skilling Australians Fund) Regulations 2018. commencement day means 12 August 2018. 7602 Operation of amendments (1) Subregulation 2.72(10A), as inserted by the amending regulations, applies in relation to a nomination made on or after 18 March 2018 that is not finally determined before the commencement day. (2) The amendments of subregulation 2.72(16) made by the amending regulations apply in relation to a nomination made on or after …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2018

• 2018-03-18(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
• 2018-03-18ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,
• 2018-07-01Establishment of the Pacific Labour Scheme Stream in Subclass 403 Visa
• 2018-07-01Increase of Points-Tested General Skilled Migration Pass Mark to 65 Points
• 2018-11-17Establishment of Permanent Residence Pathway for Long-Term Temporary Retirees
• 2018-11-17Introduction of Seamless Traveller Contactless Border Clearance Regulations