EXPLANATORY STATEMENT

Migration Act 1958

DETERMINATION OF INTERNATIONAL TRADE OBLIGATIONS

RELATING TO LABOUR MARKET TESTING

(Subsection 140GBA(2))

1. Instrument IMMI 15/133 is made under subsection 140GBA(2) of the Migration Act 1958 (the Act).
2. The Instrument operates to give domestic effect to Australia’s commitments under international trade agreements to which it is party. Such commitments have the status of obligations under international law.
3. The purpose of the Instrument is to determine, for the purposes of subsection 140GBA(2) of the Act, that the imposition of labour market testing would be inconsistent with international trade obligations of Australia arising under the China-Australia Free Trade Agreement.
4. The Department of Foreign Affairs and Trade was consulted in the drafting of this Instrument.
5. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 18343).
6. Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
7. The Instrument commences immediately after the China-Australia Free Trade Agreement enters into force.