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This instrument is the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.
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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).
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Direct links to the current provisions in Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.
This instrument is the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.
This instrument is made under subsection 140GBA(2) of the Migration Act 1958.
Note: A number of expressions used in this instrument are defined in the Migration Act 1958, including labour market testing.
In this instrument:
ASEAN means the Association of Southeast Asian Nations.
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: (a) Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA); (b) Australia-Chile Free Trade Agreement (ACl-FTA); (ba) Australia-United Kingdom Free Trade Agreement (AUKFTA); (c) China-Australia Free Trade Agreement (ChAFTA); (d) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP); (da) Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA); (e) Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA); (f) General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization (GATS); (fa) India-Australia Economic Cooperation and Trade Agreement (IAECTA); (g) Indonesia-Australia Comprehensive Economic Partnership Agreement (IA‑CEPA); (h) Japan-Australia Economic Partnership Agreement (JAEPA); (i) Korea-Australia Free Trade Agreement (KAFTA); (j) Malaysia-Australia Free Trade Agreement (MAFTA); (k) Pacific Agreement on Closer Economic Relations Plus (PACER Plus); (l) Peru-Australia Free Trade Agreement (PAFTA); (m) Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement (ANZCERTA); (n) Regional Comprehensive Economic Partnership Agreement (RCEP); (o) Singapore-Australia Free Trade Agreement (SAFTA); (p) Thailand-Australia Free Trade Agreement (TAFTA).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.
This instrument is made under subsection 140GBA(2) of the Migration Act 1958.
Note: A number of expressions used in this instrument are defined in the Migration Act 1958, including labour market testing.
In this instrument:
ASEAN means the Association of Southeast Asian Nations.
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: (a) Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA); (b) Australia-Chile Free Trade Agreement (ACl-FTA); (ba) Australia-United Kingdom Free Trade Agreement (AUKFTA); (c) China-Australia Free Trade Agreement (ChAFTA); (d) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP); (da) Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA); (e) Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA); (f) General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization (GATS); (fa) India-Australia Economic Cooperation and Trade Agreement (IAECTA); (g) Indonesia-Australia Comprehensive Economic Partnership Agreement (IA‑CEPA); (h) Japan-Australia Economic Partnership Agreement (JAEPA); (i) Korea-Australia Free Trade Agreement (KAFTA); (j) Malaysia-Australia Free Trade Agreement (MAFTA); (k) Pacific Agreement on Closer Economic Relations Plus (PACER Plus); (l) Peru-Australia Free Trade Agreement (PAFTA); (m) Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement (ANZCERTA); (n) Regional Comprehensive Economic Partnership Agreement (RCEP); (o) Singapore-Australia Free Trade Agreement (SAFTA); (p) Thailand-Australia Free Trade Agreement (TAFTA).