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Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023

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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