{"id":"F2013L01953","name":"Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136","slug":"migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128088,"registerId":"commonwealth-F2013L01953-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"SPECIFIED PERIOD IN WHICH LABOUR MARKET ","sectionType":"part","heading":"SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING","content":"![](image.001.png)  \n\nCommonwealth of Australia\n\nMigration Act 1958\n\n# SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING\n\n# MUST BE UNDERTAKEN\n\n# (Section 140GBA)\n\nI, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under section 140GBA of the Migration Act 1958 (‘the Act’) hereby determine, for the purposes of subsection 140GBA(4) of the Act, that the period within which labour market testing is required in relation to a nominated occupation is twelve (12) months.\n\nThis Instrument, IMMI 13/136, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.\n\nDated 18.11.13\n\nMichaelia Cash\n\nAssistant Minister for Immigration and Border Protection","sortOrder":0},{"sectionNumber":"MUST BE UNDERTAKEN","sectionType":"part","heading":"MUST BE UNDERTAKEN","content":"# MUST BE UNDERTAKEN","sortOrder":1},{"sectionNumber":"(Section 140GBA)","sectionType":"part","heading":"(Section 140GBA)","content":"# (Section 140GBA)\n\nI, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under section 140GBA of the Migration Act 1958 (‘the Act’) hereby determine, for the purposes of subsection 140GBA(4) of the Act, that the period within which labour market testing is required in relation to a nominated occupation is twelve (12) months.\n\nThis Instrument, IMMI 13/136, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.\n\nDated 18.11.13\n\nMichaelia Cash\n\nAssistant Minister for Immigration and Border Protection","sortOrder":2}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1559},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is the original 2013 determination that established the 12-month testing period. It implements exactly what it purports to—setting the time frame for labour market testing—and has not expanded beyond this specific purpose."},"complexity_factors":["Single operative provision setting a specific numeric time period","No defined terms or interpretation sections","Only one cross-reference (to Migration Act section 140GBA)","One-page instrument with no conditional logic or exceptions"],"plain_english_summary":"**What this does:**\n\nThis instrument sets the **12-month time limit** for labour market testing requirements under employer-sponsored visa programs.\n\n**In plain terms:**\nWhen Australian employers want to sponsor a foreign worker for a temporary skilled visa, they must first prove they tried to hire locally (this is called \"labour market testing\"). This rule says that proof (the job advertising) must be from within the **last 12 months** before they nominate the overseas worker.\n\n**Who it affects:**\n- Employers looking to sponsor temporary skilled workers\n- Foreign workers seeking employer-sponsored visas  \n- The Department of Immigration when assessing visa applications\n\n**Why it matters:**\nIt defines how \"fresh\" the job advertising must be. If an employer advertised a position 18 months ago but never hired anyone, that old ad wouldn't satisfy the current labour market testing requirement—they'd need to advertise again within the 12-month window."}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak","history":"/api/acts/migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak/history","analysis":"/api/acts/migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak/analysis","conflicts":"/api/acts/migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak/conflicts","importantCases":"/api/acts/migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak/important-cases","documents":"/api/acts/migration-act-1958-determination-of-specified-period-in-which-labour-market-testing-must-be-undertak/documents"}}