Federal Register of Legislation - Australian Government

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IMMI 15/149 Determinations/Other as made
This instrument gives domestic effect to Australia’s commitments under international trade agreements to which it is party.
Administered by: Immigration and Border Protection
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 01
Made 04 Dec 2015
Registered 07 Dec 2015
Tabled HR 02 Feb 2016
Tabled Senate 02 Feb 2016


Commonwealth of Australia

Migration Act 1958

DETERMINATION OF INTERNATIONAL TRADE OBLIGATIONS RELATING TO LABOUR MARKET TESTING 2015

(Subsection 140GBA(2))

I, PETER DUTTON, Minister for Immigration and Border Protection, acting under and for the purposes of subsection 140GBA(2) of the Migration Act 1958 (the Act):

1.                  REVOKE Instrument Number IMMI 15/133, signed on 23 November 2015 (F2015L01850); 

2.                  DETERMINE that the imposition of labour market testing would be inconsistent with international trade obligations of Australia arising under the China-Australia Free Trade Agreement, for the listed categories of natural persons as defined by the agreement:

a)                   The China-Australia Free Trade Agreement:

(i)                  Executives, Senior Managers and Managers, as Intra-Corporate Transferees;

(ii)                Specialists as Intra-Corporate Transferees;

(iii)              Independent Executives; and

(iv)              Contractual Service Suppliers.


This Instrument, IMMI 15/149, commences immediately after the China-Australia Free Trade Agreement enters into force.

Dated: 4 December 2015

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection