Commonwealth legislation

Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

What this does:

This instrument sets the 12-month time limit for labour market testing requirements under employer-sponsored visa programs.

In plain terms: When 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.

Who it affects:

Employers looking to sponsor temporary skilled workers
Foreign workers seeking employer-sponsored visas
The Department of Immigration when assessing visa applications

Why it matters: It 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.

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Current sections

Direct links to the current provisions in Migration Act 1958 - Determination of Specified Period in Which Labour Market Testing Must be Undertaken - IMMI 13/136.

SPECIFIED PERIOD IN WHICH LABOUR MARKET

SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING

View image in the official source

Commonwealth of Australia

Migration Act 1958

SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING

MUST BE UNDERTAKEN

(Section 140GBA)

I, 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.

This Instrument, IMMI 13/136, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.

Dated 18.11.13

Michaelia Cash

Assistant Minister for Immigration and Border Protection

MUST BE UNDERTAKEN

(Section 140GBA)

This Instrument, IMMI 13/136, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.

Dated 18.11.13

Michaelia Cash

Assistant Minister for Immigration and Border Protection

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

SPECIFIED PERIOD IN WHICH LABOUR MARKET SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING

Commonwealth of Australia

Migration Act 1958

SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING

MUST BE UNDERTAKEN

(Section 140GBA)

This Instrument, IMMI 13/136, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.

Dated 18.11.13

Michaelia Cash

Assistant Minister for Immigration and Border Protection

MUST BE UNDERTAKEN MUST BE UNDERTAKEN

MUST BE UNDERTAKEN

(Section 140GBA) (Section 140GBA)

(Section 140GBA)

This Instrument, IMMI 13/136, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.

Dated 18.11.13

Michaelia Cash

Assistant Minister for Immigration and Border Protection