# Labour market testing—major disaster exemption

> act-s140GBB — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

140GBB Labour market testing—major disaster exemption
          (1) A person is exempt from the requirement to satisfy the labour
              market testing condition in section 140GBA if an exemption under
              subsection (2) of this section is in force in relation to the person.









          (2) The Minister may, in writing, exempt a person from the
              requirement to satisfy the labour market testing condition in
              section 140GBA if the Minister is satisfied that:
                (a) an event (a major disaster) has occurred in Australia,
                    whether naturally or otherwise, that has such a significant
                    impact on individuals that a government response is required;
                    and
                (b) the exemption is necessary or desirable in order to assist
                    disaster relief or recovery.
          (3) In deciding whether a major disaster has occurred, the Minister
              must have regard to matters including the following:
                (a) the number of individuals affected;
                (b) the extent to which the nature or extent of the disaster is
                    unusual.
          (4) An exemption of a person under subsection (2):
               (a) may be expressed to apply in relation to:
                     (i) a specified nomination by the person; or
                    (ii) a specified class of nominations by the person; and
               (b) must be expressed to apply to a particular person specified in
                   the exemption rather than a class of persons, despite
                   subsections 33(3A) and (3AB) of the Acts Interpretation Act
                   1901.
          (5) An exemption made under subsection (2) is not a legislative
              instrument.