Migration Act 1958 - Specification of Occupations Exempt from Labour Market Testing - IMMI 13/137

Overview

The Migration Act 1958 (Cth) is the foundational piece of Australian immigration legislation, governing the entry, stay, and departure of individuals in Australia. Enacted by the Australian Parliament, this Act seeks to regulate the movement of people into and out of the country while ensuring that the immigration system supports Australia’s economic, social, and cultural objectives. One of its functions is to provide a framework for skilled migration through mechanisms such as the labour market testing. The SPECIFICATION OF OCCUPATIONS EXEMPT FROM LABOUR MARKET TESTING (F2013L01952), made under section 140GBC of the Migration Act 1958, specifies certain occupations exempt from labour market testing requirements, facilitating a more streamlined process for skilled migration by exempting particular occupations from the need to demonstrate that no suitable Australian worker is available to fill the position. This legislative instrument aims to address gaps in the skilled workforce by allowing certain occupations to bypass the labour market testing, thereby supporting Australia’s economic needs and attracting skilled migrants efficiently.

Scope and Application

This legislation, the SPECIFICATION OF OCCUPATIONS EXEMPT FROM LABOUR MARKET TESTING made under section 140GBC of the Migration Act 1958, specifies certain occupations that are exempt from labour market testing requirements. These exemptions apply to occupations classified as Skill Level 1 and Skill Level 2 in the Australian and New Zealand Standard Classification of Occupations (ANZSCO), as defined in IMMI 18/051, effective as of 18 March 2018. To qualify for exemption, the nominated occupation must meet both the classification criteria specified in this legislative instrument and the additional requirements outlined in paragraph 140GBC(2)(a) and paragraph 140GBC(3)(a) of the Migration Act 1958. This legislation impacts entities and individuals involved in nominating skilled workers for migration purposes, ensuring that certain skilled occupations are exempt from the need for labour market testing, thereby facilitating more streamlined processes for skilled migration. The jurisdictional reach of this legislation is Commonwealth-wide, applying across Australia in accordance with the Migration Act 1958.

Key Provisions

The legislative instrument F2013L01952 specifies occupations exempt from labour market testing under the Migration Act 1958. This legislative instrument, as compiled on 18 March 2018, identifies occupations classified under the Australian and New Zealand Standard Classification of Occupations (ANZSCO) as Skill Levels 1 and 2, which are exempt from labour market testing. The specific classification and exemption are detailed under sections 1 and 2 of the instrument, referencing the ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018. This specification is made in accordance with section 140GBC of the Migration Act 1958. The legislative instrument imposes certain obligations on the parties or entities it governs. Employers or sponsors nominating individuals for skilled migration must ensure that the nominated occupation falls within the specified categories of Skill Levels 1 and 2 under the ANZSCO. Additionally, any occupation nominated must meet the criteria outlined in paragraphs 140GBC(2)(a) and 140GBC(3)(a) of the Migration Act 1958, ensuring that the nominated occupation is appropriately classified and exempt from labour market testing. This involves verifying the occupation against the ANZSCO classification and ensuring compliance with the legislative requirements. Failure to comply with the provisions of this legislative instrument can result in various consequences. While specific offences and penalties are not detailed within the text of this instrument, breaches of the Migration Act 1958 generally may incur civil or criminal penalties. Under the Migration Act, penalties can include fines and imprisonment, with the specific penalties depending on the nature and severity of the breach. It is essential for employers and sponsors to adhere to the specified classifications and requirements to avoid any potential legal repercussions.