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Section 140GBA of the Migration Act requires a person who nominates a proposed occupation or an applicant for a visa of a prescribed kind under section 140GB to meet the labour market testing (LMT) conditions, unless the exemptions in sections 140GBB or 140GBC apply, or the Minister has determined under subsection 140GBA(2) it would be inconsistent with any international trade obligation. The term labour market testing is defined in subsection 140GBA(7) of the Migration Act.

It requires businesses to test the Australian labour market to demonstrate whether a position could be readily filled by a suitably qualified and experienced Australian citizen or permanent resident.

Source: LIN23072.pdf and LIN23072-Explanatory-Statement.pdf

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One of the criteria for a Subclass 408 (Temporary Activity) visa, set out at clause 408.229 in Schedule 2 to the Migration Regulations, is that the applicant seeks to enter or remain in Australia to undertake work directly associated with an event that is specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b). 

In addition, the applicant must be in a class of persons specified in the instrument in relation to the event (paragraph 408.229(c)). 

The purpose of the instrument is to specify the 2024 ASEAN-Australia Special Summit (the Summit) as an event for the purpose of paragraph 408.229(b). The Summit will be the second ASEAN-Australia Special Summit held in Australia. 

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Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023

Source: Migration-and-Other-Legislation-Amendment-Bridging-Visas-Serious-Offenders-and-Other-Measures-Act-2023.pdf

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Australian Citizenship Amendment Citizenship Repudiation Act 2023

Australian-Citizenship-Amendment-Citizenship-Repudiation-Act-2023.pdf

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The Migration Amendment (Bridging Visa Conditions) Regulations 2023 (the Amendment Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to:  

- make technical amendments to provisions enabling the Minister to grant a Bridging R (Class WR) visa without application; and

- make amendments consequential to those made by the Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Matters) Act 2023 (Serious Offenders Act); and

- spell out the operation and application of certain visa conditions which must be applied to a Subclass 070 (Bridging (Removal Pending)) visa (BVR) in certain circumstances; and

- provide that certain conditions imposed on a BVR cease to be in effect 12 months after grant, including conditions relating to curfews and electronic monitoring.

Following the High Court’s judgment in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor (S28/2023) (NZYQ) on 8 November 2023, the Migration Amendment (Bridging Visa Conditions) Act 2023 inserted and amended a number of visa conditions in the Migration Regulations and commenced on 18 November 2023. The Amendment Regulations are complementary to these changes and reinforce the effective operation of the BVR framework.

The Amendment Regulations amend provisions which enable the Minister to grant a BVR visa without application to an individual, including in circumstances where the non-citizen otherwise indicates they may not comply with the conditions of their BVR. In circumstances where those non-citizens may pose a risk to vulnerable people in the community, this amendment substantially enhances the protection of the community by ensuring that those non-citizens who are released from immigration detention as a consequence of the High Court’s decision in NZYQ are subject to appropriate and enforceable visa conditions. In some circumstances, a breach of a visa condition may constitute a criminal offence.

Source: Migration-Amendment-Bridging-Visa-Conditions-Regulations-2023.pdf and

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