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Skilling Australians Fund gets Royal Consent

May 2018, 30
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The Australian government had recently passed legislation regarding the Skilling Australians Fund. Now it has received Royal consent.

What is the future?

With this development the new regulations of the government as set out in The Migration Amendment (Skilling Australians Fund) Act 2018 will apply soon. These are regarding the requirements in labor market testing, nomination training contribution charge. It also includes some other provisions of businesses which sponsor temporary foreign workers.
The government has stated that these regulations will not come into force immediately. These will come into effect from the date that is fixed by a Proclamation, or on the day when six months are over from 22nd May.

Any business that is intending to avoid the new training contribution charge to sponsor foreign workers, should file all the applications hastily. The reason is that the new regulations can come into effect by proclamation.
The way to do this is that the government would need publishing a separate short legislative notice giving the scheduled date of commencement.

Other facts

Moreover in case there is no Proclamation within six months the legislation will, as a matter of routine come into effect on 23 November.

The Immigration Department has confirmed that the S.A.F. tax will not have a retrospective effect. This means that the charge regarding nomination training contribution has to be paid only for applications based on the day when the act comes into effect.
Also the requirements for new labor market testing will only affect applications, which are made as per the day when the act comes into effect.

Furthermore, some changes will have a retrospective effect but they will not majorly affect the majority of visa applications. In fact they pertain to updated wording of the Migration Amendment Act.
The employers should also know that the new regulation allows for a civil penalty of 60 penalty units. This is approximately $9,420 for underpaying the S.A.F. tax.

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