LIN 22/013 Migration (Specified work and areas for subclass 462 visas) Instrument (LIN 22/013) 2022 made under regulation 1.15FA of the Migration Regulations 1994 Compilation No. 2 Compilation date: 2 February 2024 Includes amendments: Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024 About this compilation This compilation This is a compilation of the Migration (Specified work and areas for subclass 462 visas) Instrument (LIN 22/013) 2022 that shows the text of the law as amended and in force on 2 February 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Name...........................................................2 3 Purpose of Instrument..............................................2 4 Definitions......................................................2 5 Fishing and pearling work, and tree farming and felling work...............2 6 Plant and animal cultivation work, and construction work..................2 7 Tourism and hospitality work........................................3 8 Bushfire recovery work............................................4 9 Critical COVID-19 work in the healthcare and medical sectors.............4 9A Recovery work—flood, cyclone or other severe weather.................4 10 Application of amendments made by LIN 24/020........................5 Schedule 1 Specified areas of Australia...................................6 Endnotes..............................................................10 Endnote 1—About the endnotes...........................................10 Endnote 2—Abbreviation key............................................11 Endnote 3—Legislation history...........................................12 Endnote 4—Amendment history..........................................13 1 Name This instrument is the Migration (Specified Work and Areas for Subclass 462 visas) Instrument (LIN 22/013) 2022. 3 Purpose of Instrument For the definition of specified Subclass 462 work in regulation 1.03 and regulation 1.15FA of the Regulations, this instrument specifies: (a) areas of Australia; and (b) kinds of work. 4 Definitions In this instrument: bushfire affected area means one or more areas of Australia mentioned in item 1 of Schedule 1. COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19. Northern Australia means one or more areas of Australia mentioned in item 2 of Schedule 1. Regional Australia means one or more areas of Australia mentioned in item 3 of Schedule 1. Remote and Very Remote Australia means one or more areas of Australia mentioned in item 4 of Schedule 1. 5 Fishing and pearling work, and tree farming and felling work (1) Northern Australia is specified if the work carried out in that area is a kind of work mentioned in subsection (2). (2) A kind of work mentioned in the following table is specified if carried out in Northern Australia. Item Kinds of work 1 Fishing and pearling: (a) conducting operations relating directly to taking or catching fish and other aquatic species; (b) conducting operations relating directly to taking or culturing pearls or pearl shell 2 Tree farming and felling: (a) planting or tending trees in a plantation or forest that are intended to be felled; (b) felling trees in a plantation or forest; (c) transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed, or any other place from which they are to be transported to the place where they are to be milled or processed 6 Plant and animal cultivation work, and construction work (1) Northern Australia and Regional Australia are specified if the work carried out in those areas is a kind of work mentioned in subsection (2). (2) A kind of work mentioned in the following table is specified if carried out in Northern Australia and Regional Australia. Item Kinds of work 1 Plant and animal cultivation: (a) harvesting and/or packing of fruit and vegetable crops; (b) pruning or trimming vines and trees directly associated with the cultivation and commercial sale of plant produce; (c) general maintenance crop work; (d) cultivating or propagating plants, fungi or their products or parts; (e) immediate processing of plant products; (f) maintaining animals for the purposes of selling them or their bodily produce, including natural increase; (g) immediate processing of animal products including shearing, butchery, packing and tanning, but not including secondary processing; (h) manufacturing dairy produce from raw material 2 Construction: (a) building construction; (b) heavy and civil engineering construction; (c) land development and site preparation services; (d) building structure services; (e) building installation services; (f) building completion services 7 Tourism and hospitality work (1) Areas of Australia within postcodes 4406, 4416, 4498 and 7215, Northern Australia and Remote and Very Remote Australia are specified if the work carried out in those areas is: (a) a kind of work mentioned in subsection (2); and (b) carried out after 21 June 2021. (2) Tourism and hospitality work is specified if carried out in areas of Australia within postcodes 4406, 4416, 4498 and 7215, Northern Australia and Remote and Very Remote Australia for a person providing one or more of the following services: (a) accommodation, including: (i) hotels, motels, bed and breakfasts, and backpacker hostels; (ii) caravan parks and camping grounds; (iii) commercial housekeeping services; (iv) boarding houses, guest houses and reception centres; (b) food and beverage, including: (i) cafes and restaurants; (ii) takeaway food services/businesses; (iii) catering services; (iv) pubs, taverns and bars; (v) hospitality clubs; (c) services provided directly to tourists, including: (i) tourist guides and operators; (ii) outdoor adventure or activity instructors; (iii) tourist transport service workers; (iv) gallery or museum workers, curators or guides; (v) travel agency and tourist information workers; (vi) event and entertainment venue workers. 8 Bushfire recovery work (1) Bushfire affected area is specified if the work carried out in that area is: (a) a kind of work, paid or volunteer, mentioned in subsection (2); and (b) carried out after 31 July 2019. (2) Bushfire recovery work: (a) is specified if carried out in a bushfire affected area; and (b) includes: (i) construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; (ii) providing support services or assistance to people living, working or volunteering in the affected areas. 9 Critical COVID-19 work in the healthcare and medical sectors (1) Each area of Australia is specified if the work carried out in that area is: (a) a kind of work mentioned in subsection (2); and (b) carried out after 31 January 2020. (2) Critical COVID-19 work in the healthcare and medical sectors: (a) is specified if carried out in each area of Australia; and (b) includes: (i) medical treatment, nursing, contact tracing, testing and research; (ii) support services such as cleaning of medical and health care facilities and equipment. 9A Recovery work—flood, cyclone or other severe weather (1) A kind of work is specified for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations if the work: (a) is carried out in an area mentioned in item 5 of Schedule 1 as an area affected by flood, cyclone or other severe weather; and (b) is carried out after 31 December 2021; and (c) includes: (i) clean-up, construction or any other work in association with restitution or restoration of services, land, waterways, property or infrastructure; (ii) providing support services or assistance to people living, working or volunteering in the area affected by flood, cyclone or other severe weather. (2) An area of Australia is specified for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations if the area is an area mentioned in item 5 of Schedule 1 as an area affected by flood, cyclone or other severe weather. 10 Application of amendments made by LIN 24/020 The amendments made by the Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024 apply in relation to an application for a Work and Holiday (Temporary) (Class US) visa: (a) made, but not finally determined, before the commencement of that instrument; or (b) made on or after the commencement of that instrument. Schedule 1 Specified areas of Australia Item Area of Australia State or Territory Postcodes / Areas 1 Bushfire affected areas Australian Capital Territory All areas. New South Wales Armidale, Ballina, Bathurst, Bega Valley, Bellingen, Blayney, Blue Mountains, Bogan, Brewarrina, Byron, Cabonne, Central Coast, Cessnock, Clarence Valley, Cobar, Coffs Harbour, Coonamble, Cootamundra-Gundagai, Cowra, Dubbo, Dungog, Maitland, Edward River, Eurobodalla, Glen Innes Severn, Goulburn Mulwaree, Gwydir, Greater Hume, Hawkesbury, Hilltops, Inverell, Kempsey, Ku-ring-gai, Kyogle, Lake Macquarie, Lismore, Lithgow, Liverpool Plains, Mid Coast, Mid-Western, Moree Plains, Muswellbrook, Nambucca, Nambucca Valley, Narrabri, Oberon, Penrith, Port Macquarie-Hastings, Port Stephens, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, Snowy Monaro, Snowy Valleys, Sutherland, Tamworth, Tenterfield, Tweed, Upper Hunter, Upper Hunter, Upper Lachlan, Uralla, Walcha, Walgett, Wagga Wagga, Warren, Wingecarribee, Wollondilly, Wollongong, and Yass Valley. Northern Territory Alice Springs, Barkly, Central Desert, East Arnhem, MacDonnell, Roper Gulf, Victoria Daly and West Daly. Queensland Balonne, Bundaberg, Bulloo, Cairns, Carpentaria, Cassowary Coast, Central Highlands, Cook, Douglas, Etheridge, Gladstone, Gold Coast, Goondiwindi, Gympie, Hinchinbrook, Hope Vale, Ipswich, Kowanyama, Livingstone, Lockyer Valley, Logan, Maranoa, Mareeba, Noosa, North Burnett, Redland, Scenic Rim, Somerset, Southern Downs, Sunshine Coast, Tablelands, Toowoomba, Townsville, Quilpie, Western Downs, Wujal Wujal and Yarrabah. South Australia Adelaide Hills, Coorong, Kangaroo Island, Kingston, Lower Eyre Peninsula, Mid Murray, Mount Barker, Murray Bridge, Playford, Southern Mallee and Yorke Peninsula. Tasmania Break O'Day, Central Highlands, Latrobe, and Southern Midlands. Victoria Alpine, Ararat, Ballarat, Baw Baw, Benalla, Colac Otway, East Gippsland, Falls Creek, Glenelg, Golden Plains, Greater Bendigo, Greater Shepparton, Hepburn, Latrobe, Indigo, Mansfield, Mount Buller, Mount Hotham, Mount Stirling, Moyne, Murrindindi, Northern Grampians, Pyrenees, Southern Grampians, Strathbogie, South Gippsland, Towong, Wangaratta, Warrnambool, Wellington, Wodonga, and Yarra Ranges. Western Australia Beverley, Brookton, Broome, Cue, East Pilbara, Greater Geraldton, Meekatharra, Murchison, Port Hedland, Swan, Upper Gascoyne, Wanneroo and Wiluna. 2 Northern Australia Queensland 4472, 4478, 4481, 4482, 4680, 4694, 4695, 4697, 4699 to 4707, 4709 to 4714, 4717, 4720 to 4728, 4730 to 4733, 4735 to 4746, 4750, 4751, 4753, 4754, 4756, 4757, 4798 to 4812, 4814 to 4825, 4828 to 4830, 4849, 4850, 4852, 4854 to 4856, 4858 to 4861, 4865, 4868 to 4888, 4890 to 4892, 4895 Western Australia 0872, 6537, 6642, 6646, 6701, 6705, 6707, 6710 to 6714, 6716, 6718, 6720 to 6722, 6725, 6726, 6728, 6740, 6743, 6751, 6753, 6754, 6758, 6760, 6762, 6765, 6770 Northern Territory All postcodes 3 Regional Australia New South Wales 2311 to 2312, 2328 to 2411, 2420 to 2490, 2536 to 2551, 2575 to 2594, 2618 to 2739, 2787 to 2898 Victoria 3139, 3211 to 3334, 3340 to 3424, 3430 to 3649, 3658 to 3749, 3753, 3756, 3758, 3762, 3764, 3778 to 3781, 3783, 3797, 3799, 3810 to 3909, 3921 to 3925, 3945 to 3974, 3979, 3981 to 3996 Queensland 4124 to 4125; 4133; 4211; 4270 to 4272; 4275; 4280; 4285; 4287; 4307 to 4499; 4510; 4512; 4515 to 4519; 4522 to 4899 South Australia All postcodes Tasmania All postcodes Western Australia 6041 to 6044; 6055 to 6056; 6069; 6076; 6083 to 6084; 6111; 6121 to 6126; 6200 to 6799 Northern Territory All postcodes in the Northern Territory Norfolk Island All postcodes 4 Remote and Very Remote Australia New South Wales 2356, 2386, 2387, 2396, 2405, 2406, 2672, 2675, 2825, 2826, 2829, 2832 to 283, 2838 to 2840, 2873, 2878, 2879, 2898, 2899 Northern Territory All postcodes Queensland 4025, 4183, 4417 to 4420, 4422, 4423, 4426 to 4428, 4454, 4461, 4462, 4465, 4467, 4468, 4470, , 4474, 4475, 4477 to 4482, 4486 to 4494, 4496, 4497, 4680, 4694, 4695, 4697, 4699 to 4707, 4709 to 4714, 4717, 4720 to 4728, 4730 to 4733, 4735 to 4746, 4750, 4751, 4753, 4754, 4756, 4757, 4798 to 4812, 4814 to 4825, 4828 to 4830, 4849, 4850, 4852, 4854 to 4856, 4858 to 4861, 4865, 4868 to 4888, 4890 to 4892, 4895 Victoria 3424, 3506, 3509, 3512, 3889 to 3892 South Australia 5220 to 5223, 5302 to 5304, 5440, 5576, 5577, 5582, 5583, 5602 to 5607, 5611, 5630 to 5633, 5640 to 5642, 5650 to 5655, 5660, 5661, 5670, 5671, 5680, 5690, 5713, 5715, 5717, 5719, 5720, 5722 to 5725, 5730 to 5734 Tasmania 7139, 7255 to 7257, 7466 to 7470 Western Australia 6161, 6335 to 6338, 6341, 6343, 6346, 6348, 6350 to 6353, 6355 to 6359, 6361, 6363, 6365, 6367 to 6369, 6373, 6375, 6385, 6386, 6418 to 6429, 6431, 6434, 6436 to 6438, 6440, 6443, 6445 to 6448, 6450, 6452, 6466 to 6468, 6470, 6472, 6473, 6475 to 6477, 6479, 6480, 6484, 6487 to 6490, 6515, 6517 to 6519, 6536, 6605, 6606, 6608, 6609, 6612 to 6614, 6616, 6620, 6623, 6625, 6627, 6628, 6630 to 6632, 6635, 6638 to 6640, 6731, 6733, 6798, 6799 5 Area affected by flood, cyclone or other severe weather New South Wales Albury, Armidale, Ballina, Balranald, Bayside, Bathurst, Bega Valley, Bellingen, Berrigan, Bland, Blayney, Bogan, Broken Hill, Bourke, Brewarrina, Blacktown, Blue Mountains, Byron, Cabonne, Camden, Campbelltown, Canterbury-Bankstown, Carrathool, Central Coast, Central Darling, Cessnock, Clarence Valley, Cobar, Coffs Harbour, Coolamon, Coonamble, Cootamundra-Gundagai, Cowra, Cumberland, Dubbo, Dungog, Edward River, Eurobodalla, Fairfield, Federation, Forbes, Gilgandra, Glen Innes Severn, Georges River, Glen Innes Severn, Goulburn Mulwaree, Greater Hume, Griffith, Gunnedah, Gwydir, Hawkesbury, Hay, Hilltops, Hornsby, Inner West, Inverell, Junee, Kempsey, Kiama, Ku-Ring-Gai, Kyogle, Lachlan, Lake Macquarie, Leeton, Lismore, Liverpool, Liverpool Plains, Lockhart, Maitland, Mid-Coast, Mid-Western, Mid-Western Regional, Moree Plains, Murray River, Murrumbidgee, Muswellbrook, Nambucca, Nambucca Valley, Narrabri, Narrandera, Narromine, Newcastle, Northern Beaches, Oberon, Orange, Parkes, Parramatta, Penrith, Port Macquarie-Hastings, Port Stephens, Queanbeyan Palerang, Randwick, Richmond Valley, Ryde, Shellharbour, Shoalhaven, Singleton, Snowy Monaro, Snowy Valleys, Strathfield, Sutherland, Tamworth Regional, Temora, Tenterfield, Unincorporated area (postcode 2011, 2898),Upper Hunter, Upper Lachlan, Uralla, The Hills, Tweed, Upper Hunter, Wagga Wagga, Walcha, Walgett, Warren, Warrumbungle, Waverley, Weddin, Wentworth, Willoughby, Wingecarribee, Wollondilly, Wollongong and Yass Valley. Northern Territory Alice Springs, Barkly, Central Desert, East Arnhem, Katherine, MacDonnell, Roper Gulf, Victoria Daly and West Daly. Queensland Aurukun, Balonne, Banana, Barcaldine, Barcoo, Blackall-Tambo, Boulia, Brisbane, Bulloo, Bundaberg, Burdekin, Burke, Cairns, Carpentaria, Cassowary Coast, Charters Towers, Central Highlands, Concurry, Cook, Croydon, Cherbourg, Diamantina, Doomadgee, Douglas, Etheridge, Flinders, Fraser Coast, Gladstone, Gilgandra, Gold Coast, Goondiwindi, Gympie, Hinchinbrook, Hope Vale, Ipswich, Kowanyama, Livingstone, Lockhart River, Lockyer Valley, Logan, Longreach, Maranoa, Mareeba, McKinlay, Moreton Bay, Northern Peninsula, Mount Isa, Murweh, Noosa, North Burnett, Palm Island, Paroo, Quilpie, Redland, Richmond, Rockhampton, Scenic Rim, Somerset, South Burnett, Southern Downs, Sunshine Coast, Tablelands, Tenterfield, Toowoomba, Torres, Torres Strait, Townsville, Western Downs, Whitsunday, Winton, Wujal Wujal and Yarrabah. South Australia Alexandrina, Berri Barmera, Coorong, Karoonda East Murray, Loxton Waikerie, Mid Murray, Murray Bridge and Renmark Paringa. Tasmania Central Coast, Central Highlands, Derwent Valley, Devonport, Huon Valley, Kentish, Latrobe, Launceston and Meander Valley. Victoria Albury, Alpine, Ballarat, Bass Coast, Baw Baw, Benalla, Berrigan, Boroondara, Buloke, Campaspe, Cardinia, Central Goldfields, Colac Otway, Corangamite, East Gippsland, Gannawarra, Glenelg, Golden Plains, Greater Bendigo, Greater Shepparton, Hepburn, Indigo, Latrobe, Loddon, Macedon Ranges, Mansfield, Maribyrnong, Maroondah, Melbourne, Melton, Mildura, Mitchell, Moira, Moonee Valley, Mornington Peninsula, Mount Alexander, Murrindindi, Nillumbik, Northern Grampians, Pyrenees, Snowy Valleys, South Gippsland, Southern Grampians, Strathbogie, Swan Hill, Towong, Wangaratta, Warrnambool, Wellington, Wodonga, Yarra and Yarra Ranges. Western Australia Ashburton, Augusta-Margaret River, Beverley, Bridgetown-Greenbushes, Brookton, Broome, Bruce, Busselton. Corrigin, Cue, Derby West Kimberley, East Pilbara, Greater Geraldton, Halls Creek, Jerramungup, Meekatharra, Morawa, Murchison, Port Hedland, Ravensthorpe, Swan, Upper Gascoyne, Wanneroo, Wiluna, East Kimberley and Yalgoo. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted orig = original am = amended par = paragraph(s)/subparagraph(s) amdt = amendment /sub‑subparagraph(s) c = clause(s) pres = present C[x] = Compilation No. x prev = previous Ch = Chapter(s) (prev…) = previously def = definition(s) Pt = Part(s) Dict = Dictionary r = regulation(s)/rule(s) disallowed = disallowed by Parliament reloc = relocated Div = Division(s) renum = renumbered exp = expires/expired or ceases/ceased to have rep = repealed effect rs = repealed and substituted F = Federal Register of Legislation s = section(s)/subsection(s) gaz = gazette Sch = Schedule(s) LA = Legislation Act 2003 Sdiv = Subdivision(s) LIA = Legislative Instruments Act 2003 SLI = Select Legislative Instrument (md not incorp) = misdescribed amendment SR = Statutory Rules cannot be given effect Sub‑Ch = Sub‑Chapter(s) mod = modified/modification SubPt = Subpart(s) No. = Number(s) underlining = whole or part not o = order(s) commenced or to be commenced Ord = Ordinance Endnote 3—Legislation history Name Registration Commencement Application, saving and transitional provisions Migration (Specified work and areas for subclass 462 visas) Instrument (LIN 22/013) 2022 4 March 2022 5 March 2022 - (F2022L00272) Migration (Specified work and areas for subclass 417 and 462 visas) Amendment Instrument (LIN 22/050) 2022 11 April 2022 1 July 2022 - (F2022L00588) Migration Legislation Amendment (Specified Work and Areas for Subclass 417 and 462 Visas) Instrument (LIN 24/020) 2024 1 February 2024 2 February 2024 - (F2024L00135) Endnote 4—Amendment history Provision affected How affected s 2 …………………………. rep. LA s48D s 4 …………………………. am. F2022L00588; F2024L00135 s 7 …………………………. am. F2022L00588 s 8 …………………………. am. F2022L00588 s 9 …………………………. am. F2022L00588 s 9A ………………………... ad. F2022L00588 rs. F2024L00135 s 10 .……………………….. rep. LA s48C s 10 .……………………….. ad. F2024L00135 Sch 1.................................. am. F2022L00588; F2024L00135