EXPLANATORY STATEMENT

Migration Act 1958

SPECIFIED PERIOD IN WHICH LABOUR MARKET TESTING

MUST BE UNDERTAKEN

(Section 140GBA)

1. This Instrument is made under Section 140GBA of the Migration Act 1958 (‘the Act’).

2.                  Subsection 140GBA(4) of the Act provides that the Minister may, by legislative instrument, determine a period within which labour market testing is required in relation to a nominated occupation.

3.                  The purpose of the Instrument is to determine a period within which labour market testing is required in relation to a nominated occupation.

4.                  The instrument operates to determine a period of time, for standard business sponsors nominating an occupation, within which labour market testing must be undertaken.

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 13/136, commences on 23 November 2013 immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013.

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