JAPAN AUSTRALIA ECONOMIC PARTNERSHIP AGR
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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What this does
This determination exempts certain Japanese business visitors and workers from Australia's "labour market testing" rules. Usually, employers must advertise jobs locally to prove no Australian can do the work before hiring someone from overseas. This document says that requirement does not apply to four specific categories of Japanese nationals coming to Australia under the Japan-Australia Economic Partnership Agreement (JAEPA).
Who it covers
The exemption applies to:
Why it matters
This implements Australia's obligations under the JAEPA trade treaty. The agreement treats labour market testing for these categories as inconsistent with Australia's treaty commitments, so this determination formally creates the exemption under the Migration Act 1958.
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Direct links to the current provisions in Migration Act 1958 - Determination of Japan Australia Economic Partnership Agreement - IMMI 14/113.
I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under subsection 140GBA(2) of the Migration Act 1958 (the Act) DETERMINE for the purposes of subsection 140GBA(2) of the Act the following obligations arising from the Japan-Australia Economic Partnership Agreement under which the imposition of labour market testing would be inconsistent with those obligations:
The Japan-Australia Economic Partnership Agreement:
(i) Executives and Senior Managers as Intra-Corporate Transferees;
(ii) Specialists as Intra-Corporate Transferees;
(iii) Investors of Japan;
(iv) Contractual Service Suppliers.
This Instrument, IMMI 14/113, commences immediately after the Japan-Australia Economic Partnership Agreement enters into force.
Dated 3/12/2014
MICHAELIA CASH
Assistant Minister for Immigration and Border Protection
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under subsection 140GBA(2) of the Migration Act 1958 (the Act) DETERMINE for the purposes of subsection 140GBA(2) of the Act the following obligations arising from the Japan-Australia Economic Partnership Agreement under which the imposition of labour market testing would be inconsistent with those obligations:
The Japan-Australia Economic Partnership Agreement:
(i) Executives and Senior Managers as Intra-Corporate Transferees;
(ii) Specialists as Intra-Corporate Transferees;
(iii) Investors of Japan;
(iv) Contractual Service Suppliers.
This Instrument, IMMI 14/113, commences immediately after the Japan-Australia Economic Partnership Agreement enters into force.
Dated 3/12/2014
MICHAELIA CASH
Assistant Minister for Immigration and Border Protection