Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021, dated 28 October 2021 repeals Migration (Determination of International Trade Obligations Relating to Labour Market Testing) Instrument (LIN 20/029) 2020 and Migration (Determination of International Trade Obligations Relating to Labour Market Testing) Instrument (LIN 18/219)2018 to consolidate the international trade agreements to be determined as an international trade obligation of Australia in these two instruments into one instrument.
The Instrument determines Australia’s obligations under international law, relating to international trade, under subsection 140GBA(2) of the Act, to give domestic effect to those obligations for the purposes of applying the labour market testing condition.
The Instrument has added the Regional Comprehensive Economic Partnership Agreement (RCEP) to the list of applicable trade agreements. The RCEP is a new international trade agreement and is made between the Association of Southeast Asian Nations (ASEAN includes Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Viet Nam) and ASEAN’s free trade agreement partners including Australia, China, Japan, New Zealand and the Republic of Korea.
The Instrument is registered on the Federal Register of Legislation on 01 November 2021. It is currently in force.
To access the Instrument, click here.