I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under subsection 140GBA(2) of the Migration Act 1958 (the Act).
Dated 28 October 2021
Alex Hawke
Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs
This instrument is the Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021.
Note: See section 2 of that Act, noting that Act will not commence at all if the Regional Comprehensive Economic Partnership Agreement does not enter into force for Australia.
In this instrument:
ASEAN means Association of Southeast Asian Nations.
Note: Section 46 of the Acts Interpretation Act 1901 applies to this instrument, meaning that terms defined in the Act have the same meaning in this instrument, including labour market testing.
4 Repeal
The following instruments are repealed:
(a) Migration (LIN 20/029: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2020; and
(b) Migration (LIN 18/219: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2018.
5 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);
(c) China-Australia Free Trade Agreement (ChAFTA);
(d) Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);
(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);
(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).