EXPLANATORY STATEMENT

Migration Act 1958

DETERMINATION OF INTERNATIONAL TRADE OBLIGATIONS

RELATING TO LABOUR MARKET TESTING

(Subsection 140GBA(2))

1. This Instrument is made under subsection 140GBA(2) of the Migration Act 1958 (‘the Act’).
2. Subsection 140GBA(2) of the Act provides that for the purposes of paragraph (1)(c) the Minister may, by legislative instrument, determine (as an international trade obligation of Australia) an obligation of Australia under international law that relates to international trade, including such an obligation that arises under any agreement between Australia and another country, or other countries.
3. Paragraph 140GBA(1)(c) of the Act applies to a nomination by an approved sponsor under 140GB if it would not be inconsistent with any international trade obligation of Australia determined under subsection 2 to require the sponsor to satisfy the labour market testing condition in this section, in relation to the nominated position.
4. The instrument operates to determine Australia’s international trade obligations under which it would be inconsistent for the approved sponsor to be required to satisfy the labour market testing condition for the nominated position.

5. Consultations with a broad range of stakeholders were conducted during late July and August 2013. A discussion paper that canvassed stakeholders’ views on options for implementation of Labour Market Testing formed the basis for these consultations.  Thirty five submissions were received from employer groups, unions, state and territory governments, industry sector peak bodies, migration agents and the Law Council of Australia.

6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 15006).

7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8. This Instrument, IMMI 13/138, commences on 23 November 2013 immediately after the commencement of the Migration Amendment (Temporary Sponsored visas) Act 2013.