This instrument operates to determine international trade obligations of Australia for the purposes of paragraph 140GBA(1)(c) of the Act.
Paragraph 140GBA(1)(c) provides that the labour market testing condition in section 140GBA only applies to a nomination by an approved sponsor if it would not be inconsistent with any international trade obligation of Australia to require the sponsor to satisfy conditions relating to labour market testing, as defined in subsection 140GBA(7).
Subsection 140GBA(2) allows the Minister to determine, by legislative instrument, an obligation of Australia under international law that relates to international trade. An obligation determined by the Minister by legislative instrument includes obligations that may arise under any agreement between Australia and another country (or other countries).
No information has been provided on when the Pacific Agreement on Closer Economic Relations will come into effect in Australia. Therefore it is still not known when LIN 18/219 will commence.
Explanatory Statement: LIN18219-Explanatory-Statement.pdf