# Labour market testing—skill and occupational exemptions

> act-s140GBC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

140GBC Labour market testing—skill and occupational exemptions

               Scope
          (1) This section applies to a nomination by a person, under
              section 140GB, if the person nominates:
                (a) a proposed occupation for the purposes of
                    paragraph 140GB(1)(b); and










                 (b) a particular position, associated with the nominated
                     occupation, that is to be filled by a visa holder, or applicant
                     or proposed applicant for a visa, identified in the nomination.

               Skill and occupational exemptions
          (2) The person is exempt from the requirement to satisfy the labour
              market testing condition in section 140GBA if:
               (a) either or both of the following are required for the nominated
                   position, in relation to the nominated occupation:
                     (i) a relevant bachelor degree or higher qualification, other
                         than a protected qualification;
                    (ii) 5 years or more of relevant experience, other than
                         protected experience; and
               (b) the nominated occupation is specified for the purposes of this
                   subsection under subsection (4).
          (3) The person is exempt from the requirement to satisfy the labour
              market testing condition in section 140GBA if:
               (a) either or both of the following are required for the nominated
                   position, in relation to the nominated occupation:
                     (i) a relevant associate degree, advanced diploma or
                         diploma covered by the AQF, other than a protected
                         qualification;
                    (ii) 3 years or more of relevant experience, other than
                         protected experience; and
               (b) the nominated occupation is specified for the purposes of this
                   subsection under subsection (4).

               Legislative instrument
          (4) The Minister may, by legislative instrument:
               (a) specify an occupation (or occupations) for the purposes of
                   subsection (2); and
               (b) specify an occupation (or occupations) for the purposes of
                   subsection (3).










          (5) Despite regulations made for the purposes of paragraph 44(2)(b) of
              the Legislation Act 2003, section 42 (disallowance) of that Act
              applies to an instrument made under subsection (4).

               Definitions
          (6) In this section:
               AQF means the Australian Qualifications Framework within the
               meaning of the Higher Education Support Act 2003.
               protected experience means experience in the field of engineering
               (including shipping engineering) or nursing.
               protected qualification means a qualification (however described)
               in engineering (including shipping engineering) or nursing.