Australian Immigration Daily News

This instrument, LIN 18/036, is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Migration Act 1958 (‘the Act’).

The instrument operates to determine the period, the manner, and the kinds of evidence of labour market testing. In particular the instrument:

a. determines a period within which labour market testing is required in relation to a nominated occupation;

b. determines the manner in which labour market testing in relation to a nominated position must be undertaken; and

c. determines, for the purposes of subparagraph 140GBA(3)(b)(i), the kinds of evidence that must accompany a nomination.

The instrument also specifies select positions and select occupations that are exempt from the specified requirements relating to the period, the manner, and the kinds of evidence required for labour market testing.

The instrument provides that, for occupations or positions exempted from the period and manner requirements, the nominator must make a written submission in order to satisfy the Minister that labour market testing in relation to the select position or the select occupation has been conducted.

The nominator for a select position or select occupation may make a written submission providing reasons why there is not a suitably qualified and experienced Australian citizen, Australia permanent resident or eligible temporary visa holder readily available to fill the position or occupation.

The purpose of this instrument is to support changes to the Act made by the Migration Amendment (Skilling Australians Fund) Act 2018.

Sources:

The Instrument:

Migration-LIN-1803-Period-manner-evidence-of-labour-market-testing-Instrument.pdf

The Explanatory Statement:

Migration-LIN-18036-Explanatory-statement.pdf