LIN 18/197: areas and kinds of work for subclass 462

Migration (LIN 18/197: Areas of Australia and Kinds of Specified Work for Subclass 462 (Work and Holiday) visas) Instrument 2018

Legislative instrument LIN 18/197 commenced on 5 November 2018 and replaced IMMI 17/092. The explanatory statement includes the following passages:

3. The instrument operates to specify, for Subclass 462 (Work and Holiday) visa applicants, the areas of Australia and the kinds of work that fall within the definition of specified Subclass 462 work in regulation 1.03 of the Regulations. If an applicant for a Subclass 462 (Work and Holiday) visa is, or has previously been, in Australia as the holder of that visa, the applicant must have carried out a period of specified Subclass 462 work while they were the holder of that visa.

4. The purpose of the instrument is to specify additional areas of Australia represented by their postcodes for the purposes of the definition of specified Subclass 462 work. Additional areas of Australia represented by their postcodes for New South Wales, Norfolk Island, Queensland, South Australia, Victoria, Western Australia and Tasmania have been included in the instrument. Work carried out in these additional areas must only be for the additional kinds of work specified in Schedule 4 of the instrument. The additional kinds of work specified in Schedule 4 of the instrument are for plant and animal cultivation.

5. Specified Subclass 462 work for existing areas represented by their postcodes in the Northern Territory, Queensland and Western Australia remain unchanged from IMMI 17/092. These areas are contained in Part 1 of Schedule 1 of the instrument. Work carried out in these areas can be for the kinds of work specified in Schedules 2, 3 and 4 of the instrument. The kinds of work specified in these Schedules are for the tourism and hospitality industry, plant and animal cultivation, fishing and pearling and tree farming and felling.

Readers should note that LIN 18/197 is not disallowable for the following reasons.

Section 42 of the Legislation Act 2003 (Cth) sets out the circumstances in which legislative instruments are disallowable. However, s 44(2)(b) provides as follows: ‘Section 42 does not apply in relation to a legislative instrument, or a provision of a legislative instrument, if … the legislative instrument is prescribed by regulation for the purposes of this paragraph’.

The Legislation (Exemptions and Other Matters) Regulation 2015 (Cth) is made under the Legislation Act 2003 and item 20 of reg 10 of that Regulation includes the following:

10  Particular legislative instruments that are not subject to disallowance

For paragraph 44(2)(b) of the Act, section 42 of the Act (disallowance of legislative instruments) does not apply to a legislative instrument referred to in an item of the following table.

Particular legislative instruments that are not subject to disallowance

[20(b)] an instrument made under Part 1, 2 or 5 of, or Schedule 1, 2, 4, 5A or 8 to, the Migration Regulations 1994

LIN 18/197 is made under reg 1.15FA of the Migration Regulations 1994 (Cth), which in turn is contained in Part 1 of those regulations. As a result, LIN 18/197 is not disallowable.


Disclaimer: the above is a mere tentative analysis of a new piece of legislation. The views expressed in those documents might not reflect the view of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.


Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au