Commonwealth of Australia
 
Migration Act 1958
 
DETERMINATION OF INTERNATIONAL TRADE OBLIGATIONS
RELATING TO LABOUR MARKET TESTING
 
(Section 140GBA(2))
 
I, MICHAELIA CASH, Assistant Minister for Immigration and Border Protection, acting under section 140GBA of the Migration Act 1958 (‘the Act’) hereby:
 
DETERMINE for the purposes of subsection 140GBA(2) of the Act the following obligations arising under international trade agreements under which the imposition of labour market testing would be inconsistent with those obligations:
 
(a)                the Protocol on Trade in Services to the Australia-New Zealand Closer Economic Relations Trade Agreement:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Specialists as Intra-Corporate Transferees;
(iii)       Independent Executives;
(iv)       Contractual Service Suppliers.
 
(b)               the General Agreement on Trade in Services at Annex 1B to the Marrakesh Agreement Establishing the World Trade Organization:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Independent Executives;
(iii)       Specialists who have been nominated following two years full-time employment in Australia with the same nominating employer.
 
(c)                the Singapore-Australia Free Trade Agreement:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Specialists as Intra-Corporate Transferees;
(iii)       Independent Executives;
(iv)       Specialists who have been nominated following two years full-time employment in Australia with the same nominating employer.
 
 
 
(d)               the Thailand-Australia Free Trade Agreement:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Specialists as Intra-Corporate Transferees;
(iii)       Independent Executives;
(iv)       Contractual Service Suppliers.
 
(e)                the Australia-United States Free Trade Agreement:
 
(i)                 Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Independent Executives;
(iii)       Specialists who have been nominated following two years full-time employment in Australia with the same nominating employer.
 
(f)                the Australia-Chile Free Trade Agreement:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Specialists as Intra-Corporate Transferees;
(iii)       Independent Executives;
(iv)       Contractual Service Suppliers.
 
(g)                the ASEAN-Australia-New Zealand Free Trade Agreement:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Specialists as Intra-Corporate Transferees;
(iii)       Independent Executives;
(iv)       Specialists who have been nominated following two years full-time   employment in Australia with the same nominating employer.
 
(h)               the Malaysia-Australia Free Trade Agreement:
 
(i)         Executives and Senior Managers as Intra-Corporate Transferees;
(ii)        Specialists as Intra-Corporate Transferees;
(iii)       Independent Executives;
(iv)       Specialists who have been nominated following two years full-time employment in Australia with the same nominating employer.
 
 
This Instrument, IMMI 13/138, commences on 23 November 2013 immediately after the commencement of the Migration Amendment (Temporary Sponsored visas) Act 2013.
 
 
Dated 18.11.13
           
 
Michaelia Cash
                             Assistant Minister for Immigration and Border Protection