Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021

LIN 21/075

Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021

made under subsection 140GBA(2) of the the Migration Act 1958

Compilation No. 3 

Compilation date: 1 October 2025

Includes amendments: Migration (International trade obligations relating to labour market testing) Amendment (CEPA) Determination 2025

About this compilation

This compilation

This is a compilation of the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 that shows the text of the law as amended and in force on 01/10/2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1  Name

  This instrument is the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.

2  Authority

  This instrument is made under subsection 140GBA(2) of the Migration Act 1958.

3  Definitions

Note: A number of expressions used in this instrument are defined in the Migration Act 1958, including labour market testing.

  In this instrument:

ASEAN means the Association of Southeast Asian Nations.

4  International trade obligations

  For paragraph 140GBA(1)(c) of the Act, each obligation of Australia under international law, relating to international trade, under the following agreements is determined as an international trade obligation of Australia:

 (a) Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA);

 (b) Australia-Chile Free Trade Agreement (ACl-FTA);

 (ba) Australia-United Kingdom Free Trade Agreement (AUKFTA);

 (c) China-Australia Free Trade Agreement (ChAFTA);

 (d) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

 (da) Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA);

 (e) Free Trade Agreement between Australia and Hong Kong, China (A‑HKFTA);

 (f) General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization (GATS);

 (fa) India-Australia Economic Cooperation and Trade Agreement (IAECTA);

 (g) Indonesia-Australia Comprehensive Economic Partnership Agreement (IA‑CEPA);

 (h) Japan-Australia Economic Partnership Agreement (JAEPA);

 (i) Korea-Australia Free Trade Agreement (KAFTA);

 (j) Malaysia-Australia Free Trade Agreement (MAFTA);

 (k) Pacific Agreement on Closer Economic Relations Plus (PACER Plus);

 (l) Peru-Australia Free Trade Agreement (PAFTA);

 (m) Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement (ANZCERTA);

 (n) Regional Comprehensive Economic Partnership Agreement (RCEP);

 (o) Singapore-Australia Free Trade Agreement (SAFTA);

 (p) Thailand-Australia Free Trade Agreement (TAFTA).

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history