{"id":"F2021L01505","name":"Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021","slug":"migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102146,"registerId":"commonwealth-F2021L01505-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Authority","content":"#### 2 Authority\n\n  This instrument is made under subsection 140GBA(2) of the Migration Act 1958.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Migration Act 1958, including labour market testing.\n\n  In this instrument:\n\n> ASEAN means the Association of Southeast Asian Nations.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"International trade obligations","content":"#### 4 International trade obligations\n\n  For paragraph 140GBA(1)(c) of the Act, each obligation of Australia under international law, relating to international trade, under the following agreements is determined as an international trade obligation of Australia:\n    (a) Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA);\n    (b) Australia-Chile Free Trade Agreement (ACl-FTA);\n    (ba) Australia-United Kingdom Free Trade Agreement (AUKFTA);\n    (c) China-Australia Free Trade Agreement (ChAFTA);\n    (d) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);\n    (da) Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA);\n    (e) Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA);\n    (f) General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization (GATS);\n    (fa) India-Australia Economic Cooperation and Trade Agreement (IAECTA);\n    (g) Indonesia-Australia Comprehensive Economic Partnership Agreement (IA‑CEPA);\n    (h) Japan-Australia Economic Partnership Agreement (JAEPA);\n    (i) Korea-Australia Free Trade Agreement (KAFTA);\n    (j) Malaysia-Australia Free Trade Agreement (MAFTA);\n    (k) Pacific Agreement on Closer Economic Relations Plus (PACER Plus);\n    (l) Peru-Australia Free Trade Agreement (PAFTA);\n    (m) Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement (ANZCERTA);\n    (n) Regional Comprehensive Economic Partnership Agreement (RCEP);\n    (o) Singapore-Australia Free Trade Agreement (SAFTA);\n    (p) Thailand-Australia Free Trade Agreement (TAFTA).","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument defines, for paragraph 140GBA(1)(c) of the Migration Act, which treaty obligations count as Australia’s \"international trade obligations\" by listing specific agreements (s4). Mechanically, it narrows the operational scope of that paragraph to obligations arising under the named treaties, so decision‑makers and applicants must treat obligations under those agreements as qualifying — the instrument thus fixes the set of agreements that will be treated as capturing international trade obligations (ss2, 4)."},"complexity_factors":["Short, single‑purpose instrument that lists specific treaties (s4) — low drafting complexity but requires cross‑checking multiple external agreements.","Relies on cross‑reference to the Migration Act (subsection 140GBA(1)(c) and authority in s2), requiring users to read both instruments to understand effect.","Interpretation of what constitutes an \"obligation of Australia under international law relating to international trade\" may need treaty law expertise — potential for legal uncertainty when applying specific treaty provisions (s4).","Multiple individually named agreements (a–p, including lettered variants) increase administrative checking for decision‑makers and applicants (s4).","Minimal procedural detail in the instrument — practical application depends on administrative guidance and decision‑maker discretion (s2, s4)."],"plain_english_summary":"This instrument tells decision‑makers under the Migration Act which international trade agreements count as \"international trade obligations\" for the labour market testing rules. That affects migration decision‑makers and any sponsors or visa applicants who rely on trade‑related exemptions: decision makers must treat obligations arising under the listed agreements as qualifying, and sponsors/applicants will face the compliance and evidentiary burden of relying on those obligations (see s4)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: identifying specific international trade agreements for the purposes of labour market testing exemptions. The list has grown from earlier versions (adding AUKFTA, CEPA, IAECTA, and RCEP in recent years), but this represents natural expansion as Australia negotiates new trade deals rather than scope creep beyond the original purpose."},"complexity_factors":["Only 1 substantive defined term ('ASEAN') in a 3-line definitions section","Single operative provision (section 4) containing a straightforward list of 17 agreements","No conditional logic, exceptions, or cross-references beyond the basic authority citation","No temporal provisions, review mechanisms, or administrative procedures","Total length: approximately 400 words across 4 sections"],"plain_english_summary":"This instrument names the 17 international trade agreements under which Australia has committed to waive the usual labour‑market testing requirement for certain foreign nationals. It’s the official list that lets employers and visa officers know when the “advertise to Australians first” rule may not apply.\n\nIt affects employers sponsoring workers from the listed trade‑partner countries, the affected foreign workers, and the Department of Home Affairs’ visa decisions — notably for hires from places like Chile, Japan, Singapore, the UK and other trade partners."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075","history":"/api/acts/migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075/history","analysis":"/api/acts/migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075/analysis","conflicts":"/api/acts/migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075/conflicts","importantCases":"/api/acts/migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075/important-cases","documents":"/api/acts/migration-international-trade-obligations-relating-to-labour-market-testing-determination-lin-21-075/documents"}}