Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 (Cth)

Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023

I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make the following determination.

Dated               8 December 2023

Andrew Giles

Minister for Immigration, Citizenship and Multicultural Affairs

Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Schedules................................................................................................................................. 1

Schedule 1—Amendments  2

Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018               2

1  Name

This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023.

2  Commencement

This instrument commences on the day after the instrument is registered.

3  Authority

This instrument is made under the Migration Act 1958.

4  Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

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

1  Subsection 8(3)

Repeal the subsection, substitute:

Method

(3)  The nominated position must be advertised in at least two advertisements on or in one or more of the following:

(a)  a recruitment website with national reach in Australia;

(b)  print media with national reach in Australia;

(c)  radio with national reach in Australia;

(d)  if the approved sponsor is an accredited sponsor—the approved sponsor’s website.

2  After subsection 8(5)

Insert:

Overlapping advertisements

(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:

(a)  the first day on which the next advertisement for the nominated position is published; or

(b)  the last day on which the preceding advertisement for the nominated position is published.

(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.

3  At the end of Part 3

Insert:

15  Application of amendments made by LIN 23/072

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:

(a)  is made on or after the commencement of LIN 23/072; or

(b)  was made but not decided before the commencement of LIN 23/072.