Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018

The instrument relies on a small set of technical concepts that determine scope and legal effect. These are defined in the instrument itself or are cross‑referenced to definitions in the Migration Regulations 1994 and the Act (s4, Note).

• Labour market testing (LMT). The term is defined in subsection 140GBA(7) of the Act and is the statutory trigger for the instrument. LIN 18/036 implements the Act’s LMT obligations by specifying the period within which testing must have been carried out (s6), the manner of advertising (s7-s8) and the evidence that must be lodged (s9). The instrument does not redefine LMT but operationalises how LMT is to be demonstrated to the Department.
• Nomination, nominated occupation, nominated position. These are central administrative steps under the sponsorship and nomination framework in the Act and Regulations. The instrument applies to a nomination made under subsection 140GB of the Act and stipulates what must accompany the nomination (s10).
• Select occupation / select position. The instrument defines “select position” in detail in s4 and treats select occupations as excluded from the default LMT period and advertising requirements (s6(2), s7(2)). A position is “select” if it meets several alternative criteria, such as being in fields requiring internationally recognised exceptional achievement (sport, academia and research, top‑talent chef) (s4 select position (a)(iv)-(vi)); being an intra‑company transferee nominated by an associated entity (s4(b)); being the same role as that held by certain visa subclasses where a new nomination is lodged only because of earnings or business structure change (s4(c)); having annual earnings equal to or exceeding $250,000 (s4(d)); or being within specified ANZSCO groups for medical practitioners or ambulance officers/paramedics (s4(e)-(e)).
• Accredited sponsor and accredited status. “Accredited sponsor” means a standard business sponsor with “accredited status” (s4). Accredited status is defined in s4 and includes the Department’s current approval, meeting standard sponsorship requirements, no relevant adverse information, maintained good dealings with the Department, compliance with laws and lodging decision‑ready applications. Accreditation produces one specific procedural effect in the instrument: an accredited sponsor may use its own website as one of the permitted advertising channels (s8(3)(d)).
• ANZSCO. The instrument prescribes which edition of the Australian and New Zealand Standard Classification of Occupations applies depending on the visa subclass: the 2022 edition applies for nominations relating to Subclass 482 (Skills in Demand) (s4 ANZSCO(a)); the 2013 edition applies in other cases (s4 ANZSCO(b)). That temporal distinction affects the classification of occupations for the select‑occupation tests and for the underlying nomination.

Other cross‑references include the Regulations (regulation 1.03 for standard business sponsor and regulation 2.57A for the meaning of “earnings”) and the Act (subsection 140GBA(7) for several definitions). The instrument therefore operates in a defined legal ecosystem and deliberately limits what it prescribes to timing, form and evidence rules to be used in assessing compliance with the statutory LMT requirement.

This instrument primarily affects sponsors who lodge nominations for certain employer‑sponsored temporary visas, and the associated recruitment and HR functions of their businesses.

• Approved sponsors and standard business sponsors. The instrument repeatedly addresses “approved sponsor” and “standard business sponsor” roles (s4 Note). An approved sponsor is the party required to commission or authorise advertisements and to provide the advertisement material or written submission with a nomination (s8(3A); s9(2)-(3)). The sponsor is therefore the decision‑maker who bears the practical and documentary compliance burden.
• Accredited sponsors. Accredited sponsors (defined at s4) receive a specific procedural concession: an accredited sponsor may meet the advertising media requirement by using its own website as one of the channels (s8(3)(d)). Accreditation itself is described in s4 and requires the Department’s approval and certain compliance attributes. This creates a benefit concentrated on employers who have invested in compliance and lodged decision‑ready applications.
• Nominators. The instrument requires that each advertisement be commissioned or authorised by the approved sponsor (s8(3A)). Where a recruitment agency is engaged for LMT, the advertisement must still disclose either the sponsor or the recruitment agency name (s8(4)(c)). This means recruitment agencies are operationally involved but the legal responsibility for authorisation rests with the sponsor.
• Potential employees and the public. Advertisements must be in English and on media with national reach (s8(2)-(3)), and employers must accept applications or expressions of interest for at least four weeks from publication (s8(5)). This shapes the pool of applicants and the way public recruitment is conducted.
• Certain visa subclasses and occupations. The instrument explicitly treats select positions differently, exempting them from the four‑month period and advertising requirement (s6(2); s7(2)). Select positions include high‑earning roles (annual earnings equal to or greater than $250,000) (s4(d)), certain medical and ambulance roles (s4(e)), roles requiring internationally recognised exceptional achievement, and intra‑company transfers nominated by associated entities (s4(a)-(c)). The ANZSCO edition applied depends on whether the nomination involves Subclass 482 (Skills in Demand) (s4 ANZSCO).
• The Department of Home Affairs. The Department implements and enforces the LMT rules in its assessment of nominations. The instrument is made under the Department’s statutory authority (s3). The Department’s assessment will rely on the documentary evidence specified in s9.

Who pays and who acts. Sponsors pay the direct costs of advertising, recruitment agency fees if engaged, and the internal compliance time to prepare and lodge evidence. Accredited sponsors may reduce advertising costs by using their website (s8(3)(d)). Recruitment agencies incur costs preparing material; however, the legal burden of commissioning or authorising adverts remains with the sponsor (s8(3A)). The Department decides whether the supplied evidence meets the statutory requirement; the instrument does not specify monetary penalties but defines the documentary threshold for assessment (s3; s9).

The instrument allocates particular duties to sponsors and defines the documentary rights required to be attached to a nomination. It does not create substantive migration rights beyond those in the Act but prescribes procedural duties that are enforceable through the Department’s nomination decision‑making.

Primary duties

• Timing of LMT. Sponsors must ensure LMT has been undertaken in the four months immediately preceding the day the nomination is lodged (s6(1)). That is a strict backwards‑looking window: the advertisement activity relied on for LMT must fall within that four‑month period. The four‑month requirement does not apply to select occupations (s6(2)).
• Advertising manner. For non‑select positions, sponsors must advertise the nominated position in Australia in accordance with s8 (s7(1)). The sponsor must commission or authorise each advertisement (s8(3A)). This places an attributable administrative duty on the sponsor to control the LMT process and to ensure public visibility and documentary traceability.
• Advertisement content. Each advertisement must include the position title or description, required skills/experience, the name of the approved sponsor or the recruitment agency if engaged, and the salary if intended annual earnings are lower than $96,400 (s8(4)). Advertisements must be in English (s8(2)). The sponsor must ensure these mandatory fields are present.
• Advertising channels and frequency. Advertising must occur in at least two advertisements on or in one or more permitted channels: recruitment websites with national reach, national print media, national radio, or an accredited sponsor’s website (s8(3)). Two advertisements on the same channel are permitted, and overlapping advertisements may count toward the continuous four weeks (s8(6)-(7)).
• Application acceptance period. Sponsors must accept applications or expressions of interest for at least four weeks from the first publication of the advertisement (s8(5)). This is framed as a minimum exposure period to the labour market.
• Evidence to lodge with nomination. Sponsors must attach to the nomination either a copy of the advertising material used in LMT (s9(3)) or, for select occupations/positions, a written submission explaining why appropriately qualified Australians or eligible visa holders are not available (s9(2)). The required form of proof differs by type of occupation.
• Commissioning/authorising adverts. Each advertisement must be commissioned or authorised by the approved sponsor (s8(3A)). This creates an evidentiary link between the sponsor and the adverts.

Concessions and exemptions

• Select occupations/positions. Exempt from the four‑month period and advertising requirements (s6(2), s7(2)). Instead, these nominations require a written submission to justify why a suitable Australian citizen, permanent resident, or eligible temporary visa holder is not readily available (s9(2)).
• Accredited sponsors. Accredited sponsors may include their own website as one permitted advertising channel (s8(3)(d)), which reduces the need to place paid advertisements on external national platforms or in print.

Rights and procedural visibility

• Right to rely on prior Jobactive ads. The instrument records a transitional measure taken by LIN 22/064: an advertisement on the Jobactive website before 4 July 2022 is taken to meet the requirement in paragraph 8(3)(a) (s14). This gives sponsors a specific, time‑limited evidentiary right for older Jobactive placements.
• Transitional application rules. The instrument clarifies which nominations fall under earlier instruments or amendments (s11-s15), thereby giving sponsors a rule for which set of requirements applies to a particular nomination.

What the instrument does not do

• It does not create statutory penalties, specify retention periods for evidence, or set out the Department’s assessment criteria in granular detail. It operates as an evidentiary and procedural specification for LMT under the Act. Enforcement consequences for non‑compliance are matters for the Act and Departmental decision processes, not the instrument itself (s3).

In short, sponsors must carry out LMT within a defined four‑month window, advertise in specified English‑language media for at least four weeks, include specified information in adverts, and lodge particular documents with the nomination. Accredited sponsors have a modest procedural concession. Select occupations are subject to a narrative justification approach rather than the advertising requirements.

The instrument itself does not create new criminal offences or set out monetary penalties; it prescribes procedural requirements for satisfying the statutory labour market testing obligation that the Department will use in its decision‑making under the Act.

Statutory authority and enforcement context

• The instrument is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act (s3). Those provisions in the Act govern the labour market testing obligations in relation to nominations and provide the Department with statutory decision‑making powers. LIN 18/036 sets out how the Department will treat evidence when assessing whether the statutory LMT requirement has been met. The instrument is therefore an administrative instrument that operationalises Act provisions for Departmental use.
• The instrument specifies documentary evidence that "must accompany a nomination" (s9) and the manner in which LMT must have been conducted (s6-s8). Where required evidence is missing or the process does not meet the instrument’s criteria, the Department may determine that the statutory LMT requirement has not been satisfied and decide the nomination accordingly. The instrument does not itself state the consequence (for example, refusal or other adverse decision); those consequences flow from the Act’s decision‑making framework and the Department’s policies.

No penalties in the instrument

• There are no penalty clauses, infringement notices, or specified enforcement sanctions in LIN 18/036 itself. It is purely prescriptive as to timing, manner and evidence. Any administrative or other sanctions for non‑compliance will be those provided by the Act or other instruments (for example, refusal of a nomination, adverse findings in a sponsor compliance assessment, or consequences under the sponsorship and visa rules), but those sanctions are not specified in this instrument.

Practical enforcement mechanics

• The Department’s compliance assessment is likely to be documentary‑based given the instrument’s emphasis on providing copies of advertising material (s9(3)) or a written submission for select positions (s9(2)). The requirement that each advertisement be commissioned or authorised by the approved sponsor (s8(3A)) creates an evidentiary chain tying the sponsor to the advertising materials lodged.
• The instrument’s detailed rules , required fields in adverts (s8(4)), English language (s8(2)), minimum acceptance period (s8(5)), and the nature of permitted media (s8(3)) , give the Department objective touchpoints to assess compliance. Where adverts omit required information or fall short of the national reach criterion, the Department can treat the LMT as inadequate.
• Transitional provisions (s11-s15) create temporal boundaries for assessment; failing to rely on the correct version of the instrument/application may affect the Department’s view of compliance for a particular nomination.

Risk of discretionary assessments

• The instrument establishes rules but leaves assessment of sufficiency to the Department. For select positions the evidence requirement is a written submission containing reasons why a suitably qualified Australian citizen, permanent resident or eligible temporary visa holder is not "readily available" (s9(2)). That wording imports discretion: the Department will assess the quality and persuasiveness of such submissions against the statutory standard. The instrument does not specify a checklist for such written submissions, which means sponsors must anticipate discretionary, case‑by‑case review.

Recordkeeping and audit readiness

• While LIN 18/036 requires that copies of advertising material accompany nominations (s9(3)), it does not specify retention periods or audit mechanisms. Sponsors should therefore conservatively retain all adverts, applications and records relating to LMT for a period sufficient to satisfy any Departmental compliance review (but the instrument itself imposes no express retention timeframe).

In summary, enforcement of these requirements is exercised through the Department’s nomination decisions under the Act rather than through sanctions in this instrument. The instrument standardises how the Department expects LMT to be demonstrated and therefore shapes the practical enforcement pathway: documentary assessment of adverts or written submissions, with the Department exercising discretion in interpreting “readily available” and the adequacy of LMT evidence.

LIN 18/036 is an instrument that operates within the Migration Act 1958 and the Migration Regulations 1994 framework. It cross‑references and depends on definitions and substantive rules in those instruments, and it records transitional interactions with earlier and later administrative instruments.

Primary statutory interlocks

• The Act. LIN 18/036 is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Migration Act (s3). Those sections in the Act create the underlying LMT obligation for nominations. LIN 18/036 therefore does not supplant the Act; it clarifies how the Department will treat evidence and timing for compliance with the Act’s LMT rules. Any substantive consequences for non‑compliance (for example, refusal of a nomination or related administrative actions) flow from the Act itself.
• The Regulations. The instrument explicitly references the Migration Regulations 1994 for certain defined expressions (s4 Note). Two examples are important: regulation 1.03 provides the meaning of “standard business sponsor” (s4 Note), and regulation 2.57A supplies the meaning of “earnings” (s4). Those definitions feed into who is captured by the instrument and how the earning thresholds operate (for example, the $96,400 threshold in s8(4)(d) and the $250,000 threshold defining select positions in s4(d)).

ANZSCO and visa subclass interactions

• ANZSCO edition depends on visa subclass. The instrument prescribes that for nominations relating to Subclass 482 (Skills in Demand) visas, the ANZSCO edition in force on 23 November 2022 applies; for other cases the 27 June 2013 edition applies (s4 ANZSCO). That link affects occupation classification and therefore whether an occupation is a select occupation as defined in s4. It demonstrates the instrument’s interaction with non‑statutory classification standards and the need to align the occupation coding with the correct ANZSCO edition.

Accreditation and sponsorship framework

• The instrument’s treatment of accredited sponsors interacts with the Department’s accreditation scheme. Accredited sponsors are defined in s4 and are given an explicit advertising channel concession (their website may form one of the required channels) (s8(3)(d)). Accredited status is itself a Departmental approval process, so the instrument sits on top of that separate accreditation regime.

Transitional and amendment instruments

• The instrument expressly saves and coordinates with other instruments. It saves IMMI 18/059 for nominations made before LIN 18/036’s commencement (s11). It records that amendments in LIN 19/268 apply to nominations made on or after 16 November 2019 (s12). It sets out an application window for amendments made by LIN 20/156 (s13). It records LIN 22/064’s treatment of Jobactive advertisements before 4 July 2022 as meeting the paragraph 8(3)(a) requirement (s14). It specifies the application of amendments in LIN 23/072 to nominations made on or after its commencement or lodged but undecided before that commencement (s15). These transitional provisions show that LIN 18/036 is one node in a chain of administrative instruments, and they determine which instrument governs a particular nomination depending on timing.

Limits on interaction claims

• The instrument itself does not amend the Act or Regulations and does not change statutory entitlement criteria for visas. It prescribes how LMT will be evidenced for nomination purposes. Any broader regulatory obligations , for example, sponsor obligations under other sections of the Act or the Regulations, or labour law obligations in employment law , are not altered by this instrument, although they coexist with it. The instrument references employer earnings, ANZSCO codes and sponsorship accreditation, but those items derive their substantive effect from other statutory or regulatory instruments.

Practical cross‑checks for practitioners

• When advising clients, check the correct edition of ANZSCO depending on the visa subclass (s4 ANZSCO).
• Where sponsors are accredited, confirm the sponsor’s accreditation status under the Department’s separate accreditation regime, since accreditation unlocks the website advertising option (s4; s8(3)(d)).
• For migrations existing around instrument commencement or amendment dates, apply the transitional rules in s10-s15 to determine which instrument governs a particular nomination.

In sum, LIN 18/036 is an administrative instrument that operationally links statutory LMT obligations in the Migration Act with definitional material in the Regulations, ANZSCO classifications and a sequence of prior and subsequent administrative determinations. It must be read alongside those instruments to determine applicable duties for a particular nomination.

The instrument itself (as provided) records its authority, name and several subsequent amendment and transitional provisions. The document includes explicit references to predecessor and amendment instruments and sets the temporal application rules for those changes. The instrument does not include a full legislative amendment chronology beyond what is recorded in the provided sections; however, the following items are set out in the instrument.

• Original instrument and authority. The instrument is titled Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 and may be cited as LIN 18/036 (s1). It is made under subsections 140GBA(4), 140GBA(5) and 140GBA(6A) of the Act (s3).
• Saving of IMMI 18/059. Section 11 saves the earlier instrument Migration (IMMI 18/059: Period within which labour market testing is required to be undertaken) Instrument 2018 (F2018L00293) for nominations mentioned in IMMI 18/059 if those nominations were made before LIN 18/036’s commencement (s11). This preserves transitional certainty for nominations lodged before the new instrument commenced.
• LIN 19/268. Section 12 records that the amendments made by items 1 and 2 in Schedule 1 to LIN 19/268 apply in relation to nominations for Subclass 457, 482 (Temporary Skill Shortage), or 494 visas made on or after 16 November 2019 (s12). The instrument therefore incorporates the application date for those particular changes.
• LIN 20/156 (Jobactive amendments). Section 13 records the application of amendments to section 8 made by Schedule 1 to Migration (LIN 20/156: Jobactive ‑ Period, manner and evidence of labour market testing) Amendment Instrument 2020. Those amendments apply to nominations for Subclass 457, 482 or 494 visas made after the end of the 28‑day period beginning on the commencement day of LIN 20/156; but s13(2) preserves the pre‑amendment version for nominations made within that 28‑day transitional window (s13). This records a short transitional window to avoid immediate retroactive application.
• LIN 22/064 (Jobactive advertisement recognition). Section 14 records that an advertisement on the Jobactive website before 4 July 2022 is taken to meet the requirement in paragraph 8(3)(a). This specific, time‑bound rule recognises earlier Jobactive placements for LMT purposes.
• LIN 23/072 amendments. Section 15 records that amendments to section 8 made by LIN 23/072 apply to nominations made by a person under subsection 140GB of the Act where the nomination is made on or after LIN 23/072’s commencement, or where the nomination was made but not decided before LIN 23/072’s commencement (s15). This provides an application rule for that amendment.

Document duplication in the provided text

• The instrument text as provided contains repeated blocks of the same sections (for example, sections 1, 3 and 4 appear twice; sections 6-9 appear twice). That duplication appears to be textual repetition in the supplied document rather than separate amendments. Practitioners should consult the consolidated, current instrument as maintained by the Federal Register of Legislation or the Department to ensure the correct operative text and to see any formal amendment history and dates.

What the instrument does not record

• The instrument records only the named prior and subsequent instruments and the specific transitional rules listed. It does not provide, within its text, a full audit trail of every past amendment beyond those cited (for example, it references IMMI 18/059 but does not include the text of that instrument). For a complete amendment history, practitioners should consult the official consolidated version of the instrument and the Register entries for each instrument referenced.

In short, LIN 18/036 contains in its own text several transitional and amendment application clauses (s11-s15) that preserve rights and specify which version of section 8 applies in particular date ranges. The instrument gives explicit application dates for specific amendments affecting particular visa subclasses, and records a time‑limited recognition of Jobactive advertisements.

The instrument as provided contains no references to case law, tribunal decisions, or litigation. It does not cite judicial consideration of its provisions nor does it summarise any litigation outcomes or precedents. Because this is an administrative instrument prescribing evidentiary and timing requirements under sections of the Migration Act, legal challenges and judicial review of Departmental decisions that apply the instrument are possible in principle. However the instrument itself contains no litigation history, and no cases are named in the text.

Implications for practitioners

• Absence of case law in the instrument means there is no built‑in jurisprudential guidance in the instrument text on how courts or tribunals have interpreted “readily available” in s9(2), “national reach” in s8(3), or other discretionary phrases. That makes administrative practice and Departmental policy significant sources of interpretative guidance. Practitioners should therefore consult Departmental guidelines, decision records and any relevant tribunal or Federal Court decisions in the migration sphere that address how the Department applies LMT rules in practice.
• For select positions, the requirement is a written submission explaining why Australians or eligible visa holders are not “readily available” (s9(2)). Without judicially articulated standards in the instrument, the Department’s practice, evidence weightings and reasonableness standards will govern decision outcomes. If Departmental decisions are unfavourable, administrative law challenges could in principle test those decision standards. The instrument does not itself set parameters for what the written submission must contain beyond giving reasons, so litigation (if any) would likely address the sufficiency of particular submissions on the facts.

Practical advice

• Because the instrument does not include litigation outcomes, keep an eye on administrative tribunal or Federal Court decisions that consider the Department’s requirements for LMT and the sufficiency of advertising evidence or written submissions for select positions. Monitor the Department’s policy and program documents for internal interpretation and evidence expectations.
• In the absence of case law in the instrument, adopt conservative, documentaryly robust LMT practices (retention of advert copies, application logs, recruitment agency invoices, candidate CVs and rejection reasons) to create a record that supports a nomination if it is challenged.

In sum, the instrument itself contains no litigation history. Practitioners must therefore rely on Departmental guidance and any external case law that addresses how LMT requirements have been interpreted in practice elsewhere in migration proceedings.

The instrument contains several specific technical requirements and drafting features that create practical pitfalls for sponsors and advisers. These items are concrete, evidence‑oriented and may be easy to miss.

1. Four‑month backwards window and its applicability

• The LMT period is the four months ending on the day the nomination form is lodged (s6(1)). Sponsors must ensure that the adverts they rely on fall within that specific window. Using older adverts outside that period will not meet s6(1) for non‑select occupations. The exception is select occupations (s6(2)). Sponsors should not assume that longer or earlier recruitment activity will count.

2. “Select” classification and multiple alternative tests

• A position may be a “select position” under several alternative criteria (s4 select position). These include high earnings (≥ $250,000) (s4(d)), certain ANZSCO groups (s4(e)), intra‑company transfer nominations (s4(b)), exceptional achievement roles (s4(a)), or certain visa holder continuation nominations (s4(c)). Careful application of these alternatives is required because select positions are exempt from the four‑month and advertising rules but require a written submission explaining why suitable Australians or eligible visa holders are not readily available (s9(2)). Misclassifying a role as select when it is not could lead to inadequate documentary evidence being lodged.

3. Salary disclosure only in a limited case

• Advertisements must include the salary only when the intended annual earnings are lower than $96,400 (s8(4)(d)). If the intended earnings are equal to or above $96,400, salary disclosure is not mandated by the instrument. Sponsors may choose to disclose salary above that threshold, but the instrument does not require it. This creates a possible compliance trap where a sponsor omits salary unintentionally when it is required, or misunderstands the threshold.

4. English‑only advertising

• Advertising language must be English (s8(2)). Advertisements in other languages or bilingual adverts could be non‑compliant. Sponsors targeting industry segments where non‑English language advertising is common need to ensure an English copy is part of the campaign.

5. “National reach” requirement and media choices

• Ads must be on recruitment websites, print media or radio with national reach, or the accredited sponsor’s website (s8(3)). The instrument does not define “national reach” within its text, which invites Departmental interpretation. Localised or niche sites that are popular in an industry but lack national reach may not meet the criterion. Sponsors using industry‑specific boards should check whether those sites are considered to have national reach for Departmental purposes.

6. Commissioning/authorising adverts

• Each advertisement must be commissioned or authorised by the approved sponsor (s8(3A)). If an external recruitment agency runs the advert, the sponsor must still authorise it; otherwise the advert could be treated as unauthorised. Evidence of authorisation (email instructions, invoice details, recruitment agency agreement) should be kept.

7. Overlapping advertisements counting

• Applications may be accepted for a continuous four‑week duration across two or more advertisements where adverts overlap on their first or preceding publication day (s8(6)). However, overlapping days may only be counted once when determining the continuous duration (s8(7)). Sponsors must therefore account carefully for calendar days rather than advert run counts.

8. Evidence forms differ by category

• For select positions/occupations, the required evidence is a written submission giving reasons why suitable Australians or eligible temporary visa holders are not readily available (s9(2)). For all other nominations, the required evidence is a copy of the advertising material used (s9(3)). Providing the wrong type of evidence (e.g., advert copies for a select position without the required written submission) could result in an incomplete nomination.

9. ANZSCO edition differences

• The ANZSCO edition differs depending on visa subclass , the 2022 edition for Subclass 482 (Skills in Demand) nominations and the 2013 edition for other cases (s4 ANZSCO). Using the wrong ANZSCO edition could misclassify an occupation and thus affect whether it is a select occupation or the applicable rules.

10. Transitional provisions require attention to dates

• The instrument’s transitional provisions (s11-s15) set specific application rules. For example, the LIN 20/156 amendments have a 28‑day transitional window (s13). LIN 22/064 treats Jobactive adverts before 4 July 2022 as meeting the requirement (s14). LIN 23/072 applies to nominations made on or after its commencement or lodged but not decided before commencement (s15). Misreading these dates could lead to applying the wrong set of requirements to a nomination.

11. Administrative - no express retention period

• The instrument requires copies of advertising material to accompany nominations (s9(3)) but does not state how long such materials must be kept. Sponsors should conservatively retain advertising records, applications, CVs and authorisation evidence for a sufficient period to demonstrate compliance if audited. The instrument gives no retention timeframe, creating operational uncertainty.

12. Drafting oddities in the supplied text

• The provided text contains duplicated paragraphs and a duplicated “(e)” subparagraph in s4 select position (two (e) clauses). Practitioners should consult the official consolidated version to avoid reliance on potentially misformatted copies.

These are concrete operational pitfalls. Sponsors and advisers should incorporate each item into a compliance checklist to avoid documentary or timing defects that could affect nomination outcomes.

Below is a practical compliance checklist and recommended documentary practices grounded in LIN 18/036’s requirements (s6-s9, s4). The checklist assumes the instrument applies to the nomination in question (confirm via the transitional provisions in s10-s15). This is a procedures‑first, evidence‑based approach designed to produce the documentary trail the Department expects.

Preliminary steps

1. Determine whether the position is a select position.

• Apply the select position criteria in s4. Check: is the role in one of the fields requiring internationally recognised exceptional achievement (sport, academia/research, top‑talent chef); is it an intra‑company transfer from an associated overseas company; is it a continuation nomination for a holder of the specified visas where only earnings or business structure changed; will annual earnings be ≥ $250,000; or is the role within the ANZSCO groups listed (253 Medical Practitioners excl. general practitioner/nec; 4111 Ambulance Officers and Paramedics)? If any apply, treat as a select position for s6(2)/s7(2)/s9(2).

2. Confirm the applicable ANZSCO edition.

• If the nomination is for a Subclass 482 (Skills in Demand) visa, use ANZSCO as in force on 23 November 2022; otherwise use ANZSCO as in force on 27 June 2013 (s4 ANZSCO).

Timing and advertising (for non‑select positions)

3. Build your four‑month LMT window.

• Ensure advertising activity relied on falls within the four months ending on the day the nomination form is lodged (s6(1)). Plan advertising so that the minimum application acceptance period (four weeks) is fully contained within that four‑month window (s8(5)).

4. Choose permitted media with national reach.

• Place at least two advertisements on or in one or more of: recruitment websites with national reach, national print media, national radio, or, if you are an accredited sponsor, your own website can be used as one of the channels (s8(3)). Confirm that a chosen online job board is treated as having national reach for Department purposes where possible.

5. Ensure adverts are in English.

• All advertising must be in English (s8(2)). Keep an exact copy of the English advert as published.

6. Commission and authorise adverts.

• Each advert must be commissioned or authorised by the approved sponsor (s8(3A)). Keep evidence of authorisation: written instructions to the recruitment agency, signed booking confirmations, or internal authorisation emails.

7. Include mandatory advert content.

• Each advertisement must include: (a) title or description of the position; (b) skills or experience required; (c) the name of the approved sponsor or recruitment agency; and (d) the salary, if intended annual earnings are lower than $96,400 (s8(4)). Prepare advert templates that contain these fields to avoid omissions.

8. Maintain a continuous application acceptance period of at least four weeks.

• Start counting from the first publication date of the advertisement (s8(5)). If using multiple adverts, ensure overlapping publication dates are managed so that there is a continuous minimum period of four weeks (s8(6)-(7)). Document start and end dates precisely and compute overlapping days correctly.

Documentary evidence to lodge with nomination

9. For non‑select nominations, lodge copies of advertising material.

• Include copies of the adverts used for LMT with the nomination application (s9(3)). Keep the originals as published (screenshots with timestamps, print copies, radio booking confirmations and scripts, invoices).

10. For select nominations, prepare a written submission.

• For select occupations/positions, instead of advertising material, prepare a substantive written submission explaining why a suitably qualified and experienced Australian citizen, Australian permanent resident, or suitably qualified and experienced eligible temporary visa holder is not readily available to fill the nominated position (s9(2)). The instrument does not set out a checklist for this submission, so include: evidence of prior recruitment attempts (if any), market factors affecting availability of local candidates, role‑specific skills/qualifications that are rare, comparators in the industry, salary benchmarking, and any other facts that demonstrate unavailability. Link arguments to verifiable documents where possible.

Operational recordkeeping

11. Retain full recruitment records.

• Even though the instrument does not prescribe a retention period, retain: the adverts as published (with timestamps/providers), recruitment agency agreements and invoices, authorisation emails, applications and CVs received, interview notes, rejection reasons, and any other material showing the response to adverts. Keep these records for a conservative period (commonly several years) to be audit‑ready.

12. Track accreditation status and website use.

• If relying on the accredited sponsor website as a channel, verify and document your accredited status as defined in s4. Keep a record of the web page used, the date/time published, and proof that it was commissioned/authorised by the sponsor (s8(3)(d); s8(3A)).

Transitional and amendment awareness

13. Check which version of the instrument applies.

• Consult s10-s15 to determine whether LIN 18/036 applies to your nomination or whether a prior instrument or an amendment is relevant. For example, determine if IMMI 18/059 applies (s11), whether LIN 19/268 or LIN 20/156 amendments apply to your nomination (s12-s13), whether Jobactive advertisements before 4 July 2022 can be relied upon (s14), or whether LIN 23/072 affects nominations lodged but not decided before its commencement (s15).

Practical template items for adverts and submission

14. Advert checklist (minimum fields)

• English text.
• Title or clear job description.
• Clear listing of skills and experience required.
• Name of the approved sponsor or recruitment agency.
• Salary or at least a salary statement if intended annual earnings < $96,400.
• Publication date stamped or archived.

15. Written submission (select positions) checklist

• Clear statement that the role is a select position and which select definition applies (cite s4 subparagraph).
• Explanation of recruitment context and why Australians/eligible visa holders are not readily available.
• Evidence or examples (labour market data, sector reports, prior advert responses, internal recruitment notes).
• Salary benchmarking and role description linked to skill scarcity.
• Signed statement by the nominator/sponsor attesting to the accuracy of the submission.

Audit and pre‑lodgement review

16. Internal pre‑lodgement audit

• Before lodging the nomination, run a compliance checklist to confirm: adverts fall within the four‑month window (s6(1)); adverts meet s8(2)-(4) and were commissioned/authorised (s8(3A)); the application acceptance period is at least four continuous weeks (s8(5)); copies of adverts or the select submission are ready for lodgement (s9(2)-(3)); and the correct ANZSCO edition was used (s4 ANZSCO).

17. Use conservative evidence practices

• Where doubt exists about an advert’s national reach, place an additional advert on a clearly national platform to avoid discretionary rejection. Where select status is claimed, include both the written submission and any supporting advertising evidence if available, to strengthen the evidentiary base.

Communication with recruitment agencies and legal advisers

18. Contractual clarity with recruitment agencies

• Ensure recruitment agency agreements explicitly record that adverts will be commissioned/authorised by the sponsor and will include the required fields. Obtain booking confirmation/invoices that identify the sponsor or agency name as published.

19. Legal review of select submissions

• Given the discretionary element of “readily available” in s9(2), have legal counsel review the written submission prior to lodgement to ensure it addresses the evidentiary expectations and aligns with how the Department has assessed similar cases.

Final note

LIN 18/036 sets definite, documentaryly oriented, and time‑bound requirements. Practical compliance requires pre‑planning of advertisement campaigns to fit the four‑month window, precise documentation of authorisation and publication, and a conservative approach to record retention. For select positions, prepare a structured written submission backed by verifiable data. When in doubt, err on the side of additional documentary evidence and national platform advertising to reduce the risk of adverse Departmental assessment.