{"id":"F2018L01108","name":"Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018","slug":"migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":97801,"registerId":"commonwealth-F2018L01108-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 Preliminary\n\n#### 1 Name\n\n  (1) This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018.\n  (2) This instrument may also be cited as LIN 18/036.\n\n#### 3 Authority\n\n  This instrument is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in:\n\n    (a) regulation 1.03 of the Regulations, including:\n    (i) standard business sponsor;\n    (b) subsection 5(1) of the Act including:\n    (i) approved sponsor;\n    (ii) Australia;\n    (c) subsection 140GBA(7) of the Act including:\n    (i) associated entity;\n    (ii) Australian permanent resident;\n    (iii) eligible temporary visa holder;\n    (iv) labour market testing\n  In this instrument:\n\n> accredited sponsor means a standard business sponsor with accredited status..\n\n> accredited status means current approval given by the Department that:\n\n    (a) standard sponsorship requirements are met, including but not limited to:\n    (i) lawful operation of the sponsor’s business; and\n    (ii) having no relevant adverse information against the sponsor, or the sponsor’s business; and\n    (b) additional characteristics are met, including that the sponsor has:\n    (i) maintained good dealings with the Department of Home Affairs;\n    (ii) complied with relevant laws; and\n    (iii) lodged decision-ready applications.\n\n> Act means the Migration Act 1958.\n\n> ANZSCO means:\n\n    (a) in relation to a nomination of an occupation relating to an application, or proposed application, for a Subclass 482 (Skills in Demand) visa—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;\n    (b) in any other case—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.\n\n> earnings has the meaning given by regulation 2.57A of the Regulations.\n\n> Regulations means the Migration Regulations 1994.\n\n> select occupation: a nominated occupation is a select occupation if the position associated with the nominated occupation is a select position..\n\n> select position is:\n\n    (a) a position in a profession, or in any of the following fields, which requires its occupant to have an internationally recognised record of exceptional and outstanding achievement in the relevant profession or field:\n    (iv) a sport; or\n    (v) academia and research; or\n    (vi) top-talent chef; or\n    (b) a position that is to be filled by a person who is:\n    (i) employed by a company operating an established business overseas; and\n    (ii) nominated by a standard business sponsor who is an associated entity of that company, mentioned in subparagraph (i), operating in Australia; or\n    (c) a position held by a holder of a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, Subclass 482 (Skills in Demand) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the visa holder) and for which a new nomination has been lodged solely because:\n    (i) the annual earnings for the position held by the visa holder have changed; or\n    (ii) the business structure of the standard business sponsor (or an associated entity of that sponsor) who most recently nominated the occupation in relation to the visa holder has changed and, as a result, the visa holder, while not changing positions, is no longer employed by the standard business sponsor or associated entity; or\n    (d) a position for which the annual earnings will be equal to or greater than $250,000.00 AUD; or\n    (e) a position within ANZSCO Minor Group 253 - Medical Practitioners, that is not:\n    (i) ANZSCO 253111 - General Practitioner; or\n    (ii) ANZSCO 253999 - Medical Practitioners nec; or\n    (e) a position within ANZSCO Unit Group 4111 - Ambulance Officers and Paramedics.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018.\n  (2) This instrument may also be cited as LIN 18/036.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in:\n\n    (a) regulation 1.03 of the Regulations, including:\n    (i) standard business sponsor;\n    (b) subsection 5(1) of the Act including:\n    (i) approved sponsor;\n    (ii) Australia;\n    (c) subsection 140GBA(7) of the Act including:\n    (i) associated entity;\n    (ii) Australian permanent resident;\n    (iii) eligible temporary visa holder;\n    (iv) labour market testing\n  In this instrument:\n\n> accredited sponsor means a standard business sponsor with accredited status..\n\n> accredited status means current approval given by the Department that:\n\n    (a) standard sponsorship requirements are met, including but not limited to:\n    (i) lawful operation of the sponsor’s business; and\n    (ii) having no relevant adverse information against the sponsor, or the sponsor’s business; and\n    (b) additional characteristics are met, including that the sponsor has:\n    (i) maintained good dealings with the Department of Home Affairs;\n    (ii) complied with relevant laws; and\n    (iii) lodged decision-ready applications.\n\n> Act means the Migration Act 1958.\n\n> ANZSCO means:\n\n    (a) in relation to a nomination of an occupation relating to an application, or proposed application, for a Subclass 482 (Skills in Demand) visa—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022;\n    (b) in any other case—the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013.\n\n> earnings has the meaning given by regulation 2.57A of the Regulations.\n\n> Regulations means the Migration Regulations 1994.\n\n> select occupation: a nominated occupation is a select occupation if the position associated with the nominated occupation is a select position..\n\n> select position is:\n\n    (a) a position in a profession, or in any of the following fields, which requires its occupant to have an internationally recognised record of exceptional and outstanding achievement in the relevant profession or field:\n    (iv) a sport; or\n    (v) academia and research; or\n    (vi) top-talent chef; or\n    (b) a position that is to be filled by a person who is:\n    (i) employed by a company operating an established business overseas; and\n    (ii) nominated by a standard business sponsor who is an associated entity of that company, mentioned in subparagraph (i), operating in Australia; or\n    (c) a position held by a holder of a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa, Subclass 482 (Skills in Demand) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the visa holder) and for which a new nomination has been lodged solely because:\n    (i) the annual earnings for the position held by the visa holder have changed; or\n    (ii) the business structure of the standard business sponsor (or an associated entity of that sponsor) who most recently nominated the occupation in relation to the visa holder has changed and, as a result, the visa holder, while not changing positions, is no longer employed by the standard business sponsor or associated entity; or\n    (d) a position for which the annual earnings will be equal to or greater than $250,000.00 AUD; or\n    (e) a position within ANZSCO Minor Group 253 - Medical Practitioners, that is not:\n    (i) ANZSCO 253111 - General Practitioner; or\n    (ii) ANZSCO 253999 - Medical Practitioners nec; or\n    (e) a position within ANZSCO Unit Group 4111 - Ambulance Officers and Paramedics.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Period, manner and evidence of labour market testing","content":"## Part 2 Period, manner and evidence of labour market testing\n\n#### 6 The period within which labour market testing is required\n\n  (1) For the purposes of paragraph 140GBA(3)(a) and subsection 140GBA(4) of the Act, the period within which labour market testing is required to be undertaken in relation to a nominated occupation is the period of 4 months ending on the day on which the nomination form in relation to the nominated application is lodged.\n  (2) Subsection (1) does not apply to a select occupation.\n\nNote: Subsection 140GBA(4A) of the Act deals with requirements for labour market testing where there have been redundancies or retrenchments as mentioned in subparagraph 140GBA(3)(b)(ii) of the Act.\n\n#### 7 The manner in which labour market testing in relation to a nominated position must be undertaken\n\n  (1) For the purposes of paragraph 140GBA(3)(aa) of the Act, the nominated position must be advertised in Australia in accordance with the requirements under section 8.\n  (2) Subsection (1) does not apply to a select position.\n\n#### 8 The advertisement of a nominated position\n\n  (1) This section is made for the purposes of subsection 7(1).\n  Language\n  (2) The language to be used for any advertising (paid or unpaid) of a position, and any similar positions, commissioned or authorised by the approved sponsor is English.\n  Method\n  (3) The nominated position must be advertised in at least two advertisements on or in one or more of the following:\n    (a) a recruitment website with national reach in Australia;\n    (b) print media with national reach in Australia;\n    (c) radio with national reach in Australia;\n    (d) if the approved sponsor is an accredited sponsor—the approved sponsor’s website.\n  (3A) Each advertisement of the nominated position for the purposes of subsection (3) must be commissioned or authorised by the approved sponsor.\n  (4) Each advertisement of the nominated position for the purposes of subsection (3) must include the following details of the position:\n    (a) the title or a description of the position;\n    (b) the skills or experience required for the position;;\n    (c) the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency for the purposes of the labour market testing, the name of the recruitment agency;\n    (d) the salary for the position, if the intended annual earnings for the nominated position are lower than $96,400.00 AUD.\n  Duration\n  (5) Applications or expressions of interest for an advertised position must be accepted for at least 4 weeks from when an advertisement for the position is first published in accordance with subsections (2) to (4) on or in any of the following:\n    (a) print media;\n    (b) radio;\n    (c) website;\n  Overlapping interests\n  (6) For the avoidance of doubt, for the purposes of subsection (5), applications or expressions of interest for a nominated position may be accepted for a continuous duration of at least 4 weeks across 2 or more advertisements where each advertisement for the nominated position overlaps either:\n    (a) the first day on which the next advertisement for the nomination position is published; or;\n    (b) the day on which the preceding advertisement for the nominated position is published.\n  (7) For the purposes of determining the total number of days for a continuous duration mentioned in subsection (6), any day or days that overlap may only be counted once.\n\n#### 9 Kinds of evidence in relation to labour market testing that must accompany a nomination\n\n  (1) This section is made for the purposes of subparagraph 140GBA(3) and subsection 140GBA(6A) of the Act.\n  (2) The kind of evidence that must accompany a nomination for a select occupation, or a select position is a written submission made by the nominator that provides reasons why a suitably qualified and experienced Australian citizen or Australian permanent resident, or suitably qualified and experienced eligible temporary visa holder, is not readily available to fill the nominated position.\n  (3) The kind of evidence that must accompany any other nomination is a copy of the advertising material used to advertise the position.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"The period within which labour market testing is required","content":"#### 6 The period within which labour market testing is required\n\n  (1) For the purposes of paragraph 140GBA(3)(a) and subsection 140GBA(4) of the Act, the period within which labour market testing is required to be undertaken in relation to a nominated occupation is the period of 4 months ending on the day on which the nomination form in relation to the nominated application is lodged.\n  (2) Subsection (1) does not apply to a select occupation.\n\nNote: Subsection 140GBA(4A) of the Act deals with requirements for labour market testing where there have been redundancies or retrenchments as mentioned in subparagraph 140GBA(3)(b)(ii) of the Act.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"The manner in which labour market testing in relation to a nominated position must be undertaken","content":"#### 7 The manner in which labour market testing in relation to a nominated position must be undertaken\n\n  (1) For the purposes of paragraph 140GBA(3)(aa) of the Act, the nominated position must be advertised in Australia in accordance with the requirements under section 8.\n  (2) Subsection (1) does not apply to a select position.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"The advertisement of a nominated position","content":"#### 8 The advertisement of a nominated position\n\n  (1) This section is made for the purposes of subsection 7(1).\n  Language\n  (2) The language to be used for any advertising (paid or unpaid) of a position, and any similar positions, commissioned or authorised by the approved sponsor is English.\n  Method\n  (3) The nominated position must be advertised in at least two advertisements on or in one or more of the following:\n    (a) a recruitment website with national reach in Australia;\n    (b) print media with national reach in Australia;\n    (c) radio with national reach in Australia;\n    (d) if the approved sponsor is an accredited sponsor—the approved sponsor’s website.\n  (3A) Each advertisement of the nominated position for the purposes of subsection (3) must be commissioned or authorised by the approved sponsor.\n  (4) Each advertisement of the nominated position for the purposes of subsection (3) must include the following details of the position:\n    (a) the title or a description of the position;\n    (b) the skills or experience required for the position;;\n    (c) the name of the approved sponsor or, if the approved sponsor has engaged a recruitment agency for the purposes of the labour market testing, the name of the recruitment agency;\n    (d) the salary for the position, if the intended annual earnings for the nominated position are lower than $96,400.00 AUD.\n  Duration\n  (5) Applications or expressions of interest for an advertised position must be accepted for at least 4 weeks from when an advertisement for the position is first published in accordance with subsections (2) to (4) on or in any of the following:\n    (a) print media;\n    (b) radio;\n    (c) website;\n  Overlapping interests\n  (6) For the avoidance of doubt, for the purposes of subsection (5), applications or expressions of interest for a nominated position may be accepted for a continuous duration of at least 4 weeks across 2 or more advertisements where each advertisement for the nominated position overlaps either:\n    (a) the first day on which the next advertisement for the nomination position is published; or;\n    (b) the day on which the preceding advertisement for the nominated position is published.\n  (7) For the purposes of determining the total number of days for a continuous duration mentioned in subsection (6), any day or days that overlap may only be counted once.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Kinds of evidence in relation to labour market testing that must accompany a nomination","content":"#### 9 Kinds of evidence in relation to labour market testing that must accompany a nomination\n\n  (1) This section is made for the purposes of subparagraph 140GBA(3) and subsection 140GBA(6A) of the Act.\n  (2) The kind of evidence that must accompany a nomination for a select occupation, or a select position is a written submission made by the nominator that provides reasons why a suitably qualified and experienced Australian citizen or Australian permanent resident, or suitably qualified and experienced eligible temporary visa holder, is not readily available to fill the nominated position.\n  (3) The kind of evidence that must accompany any other nomination is a copy of the advertising material used to advertise the position.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application, saving and transitional provisions","content":"## Part 3 Application, saving and transitional provisions","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Application of this instrument","content":"#### 10 Application of this instrument\n\n  This instrument applies to a nomination made on or after the commencement date of the instrument.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Saving of IMMI 18/059","content":"#### 11 Saving of IMMI 18/059\n\n  Despite the repeal of the Migration (IMMI 18/059: Period within which labour market testing is required to be undertaken) Instrument 2018 (F2018L00293) by Schedule 1, IMMI 18/059 as in force immediately before the commencement of Schedule 1, continues to apply in relation to a nomination mentioned in IMMI 18/059 if that nomination was made before the commencement of this instrument.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Application of amendments made by LIN 19/268","content":"#### 12 Application of amendments made by LIN 19/268\n\n  The amendments made by items 1 and 2 in Schedule 1 to LIN 19/268 apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, made on or after 16 November 2019.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Application of amendments made by LIN 20/156","content":"#### 13 Application of amendments made by LIN 20/156\n\n  (1) The amendments of section 8 made by Schedule 1 to the Migration (LIN 20/156: Jobactive ‑ Period, manner and evidence of labour market testing) Amendment Instrument 2020 apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa that is made after the end of the period of 28 days beginning on the day that instrument commences..\n  (2) Despite the amendments of section 8 made by Schedule 1 to the Migration (LIN 20/156: Jobactive ‑ Period, manner and evidence of labour market testing) Amendment Instrument 2020, that section, as in force immediately before the commencement of that instrument, continues to apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa that is made within the period of 28 days after that commencement.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Amendments made by Migration (Labour market testing) Amendment Determination (LIN 22/064) 2022","content":"#### 14 Amendments made by Migration (Labour market testing) Amendment Determination (LIN 22/064) 2022\n\n  An advertisement on the Jobactive website (http://www.jobactive.gov.au) before 4 July 2022 is taken to meet the requirement in paragraph 8(3)(a).","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Application of amendments made by LIN 23/072","content":"#### 15 Application of amendments made by LIN 23/072\n\n  The amendments of section 8 made by Schedule 1 to the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 (LIN 23/072) apply in relation to a nomination made by a person under subsection 140GB of the Migration Act 1958, where the nomination:\n    (a) is made on or after the commencement of LIN 23/072; or\n    (b) was made but not decided before the commencement of LIN 23/072.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Yes. The instrument prescribes new, specific labour-market-testing mechanics: a 4‑month testing window ending on nomination lodgement (s6(1)), English-only advertising and at least two national advertisements or, for accredited sponsors, the sponsor’s website (s8(2)–(3)), and a minimum 4‑week application period (s8(5)). It exempts select occupations/positions from some requirements (ss6(2), 7(2)) and alters required evidence (written submission for select roles; copies of adverts otherwise) (s9). Transitional and amendment clauses phase these rules and preserve prior rules for nominations made before commencement (ss10–15)."},"complexity_factors":["Multiple defined terms with precise conditions (e.g. accredited sponsor, accredited status, select position) that create carve-outs and different requirements.","Different rules and exceptions for 'select' occupations/positions versus other positions (see ss6(2), 7(2), 9(2)–(3)).","Detailed advertising mechanics: language, permitted media (national recruitment websites, print, radio, or accredited sponsor website), commissioning requirement, and required advert content (s8(2)–(4)).","Temporal rules: 4‑month labour market testing window (s6(1)), 4‑week minimum application acceptance (s8(5)) and overlapping-advertisement counting rules (s8(6)–(7)).","Evidence rules vary by category: written submissions for select roles versus copies of advertising material for others (s9).","Cross-references to the Act, Regulations and ANZSCO versions (ss3–4) increase interpretive work and reliance on external instruments.","Specific monetary thresholds (e.g. $96,400 and $250,000) that trigger different disclosure or categorisation rules (s4 definitions, s8(4)(d), select position(d)).","Transitional and amendment provisions (ss10–15) that stage application dates, preserve prior instruments for earlier nominations, and incorporate later determinations (LIN 19/268, LIN 20/156, LIN 22/064, LIN 23/072)."],"plain_english_summary":"Sets mandatory labour-market-testing rules for employers who nominate overseas workers: a 4‑month window for testing, English-language adverts in at least two national outlets (or an accredited sponsor’s website), a minimum four‑week application period, and required evidence to accompany nominations. It applies to sponsors nominating temporary skilled visas and matters because it prescribes the recruitment steps and documentary proof employers must give the Department when seeking permission to hire an overseas worker."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally a simple 4-month timing rule (IMMI 18/059), this instrument has expanded into a comprehensive regime covering: advertising methods, content requirements, duration rules, overlapping calculations, multiple exemption categories, evidence standards, and complex transitional arrangements across five years of amendments. The 'select position' exemptions have grown from simple high-salary thresholds to include specific medical occupations, paramedics, intra-company transfers, and business restructure scenarios."},"complexity_factors":["Multiple nested definitions: 'select occupation' depends on 'select position', which has 5 distinct exemption categories with sub-clauses","Dual ANZSCO reference dates (23 November 2022 vs 27 June 2013) creating version-dependent classification rules","Cross-referencing to external legislation: Migration Act 1958 (subsections 140GBA(4), (5), (6A), (7)), Migration Regulations 1994 (regs 1.03, 2.57A), and Australian Bureau of Statistics publications","Conditional logic with multiple thresholds: $96,400 salary disclosure trigger, $250,000 exemption trigger","Temporal complexity: 4-month testing window, 4-week advertising duration, overlapping advertisement calculations with anti-double-counting rule (section 8(6)-(7))","Transitional provisions spanning multiple amendment instruments (LIN 19/268, LIN 20/156, LIN 22/064, LIN 23/072) with different commencement rules and grace periods","Status-dependent rules: accredited sponsors get different advertising options (own website) and streamlined evidence requirements","Duplicate section numbering in source text (sections appear twice) suggesting consolidation complexity"],"plain_english_summary":"This instrument sets the rules employers must follow to prove they can’t find an Australian worker before sponsoring people for certain work visas (Subclass 457, 482, 494), affecting employers, nominated foreign workers, and accredited sponsors. It prescribes recent advertising, minimum ad content and duration, evidence to submit, and specific exemptions for high‑value, specialist or intra‑company roles.\n\nIt matters because it enforces priority for local hires while allowing businesses to fill genuine skill shortages."}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018","history":"/api/acts/migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018/history","analysis":"/api/acts/migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018/analysis","conflicts":"/api/acts/migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018/conflicts","importantCases":"/api/acts/migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018/important-cases","documents":"/api/acts/migration-lin-18-036-period-manner-and-evidence-of-labour-market-testing-instrument-2018/documents"}}