This Instrument is made under subclauses 188.222(1) and 188.242(1) of Schedule 2 to the Migration Regulations 1994 (‘the Regulations’). Subclause 188.222(1) of the Regulations provides that if a person applies for a Subclass 188 visa in the Business Innovation stream the applicant’s score on the business innovation and investment points test is not less than the number of points specified by the Minister in an instrument in writing. Subclause 188.242(1) of the Regulations provides that if a person applies for a Subclass 188 visa in the Investor stream the applicant’s score on the business innovation and investment points test is not less than the number of points specified by the Minister in an instrument in writing. The purpose of the Instrument is to specify within a Legislative Instrument rather than the Migration Regulations 1994 the minimum number of points that an applicant for a Subclass 188 (Business Innovation and Investment (Provisional)) visa must score. Consultation was undertaken before this Instrument was made with a wide range of Commonwealth Government Departments, State/Territory Government Departments, representative peak bodies for Migration Agents and the legal profession, and other relevant organisations.