Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023
F2023L01643 — as made — Status: Repealed — Made/registered 2023-12-10 — https://www.legislation.gov.au/F2023L01643/latest/text

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Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023
I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make the following determination.
Dated  8 December 2023
Andrew Giles
Minister for Immigration, Citizenship and Multicultural Affairs
Contents
1  Name
2  Commencement
3  Authority
4  Schedules
Schedule 1—Amendments
Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018
1  Name
  This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023.
2  Commencement
  This instrument commences on the day after the instrument is registered.
3  Authority
  This instrument is made under the Migration Act 1958.
4  Schedules
  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018
1  Subsection 8(3)
Repeal the subsection, substitute:
  Method
 (3) The nominated position must be advertised in at least two advertisements on or in one or more of the following:
 (a) a recruitment website with national reach in Australia;
 (b) print media with national reach in Australia;
 (c) radio with national reach in Australia;
 (d) if the approved sponsor is an accredited sponsor—the approved sponsor’s website.
2  After subsection 8(5)
Insert:
  Overlapping advertisements
 (6) For the avoidance of doubt, for the purposes of subsection (5), applications or expressions of interest for a nominated position may be accepted for a continuous duration of at least 4 weeks across 2 or more advertisements where each advertisement for the nominated position overlaps either:
 (a) the first day on which the next advertisement for the nominated position is published; or
 (b) the last day on which the preceding advertisement for the nominated position is published.
 (7) For the purposes of determining the total number of days for a continuous duration mentioned in subsection (6), any day or days that overlap may only be counted once.
3  At the end of Part 3
Insert:
15  Application of amendments made by LIN 23/072
  The amendments of section 8 made by Schedule 1 to the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 (LIN 23/072) apply in relation to a nomination made by a person under subsection 140GB of the Migration Act 1958, where the nomination:
 (a) is made on or after the commencement of LIN 23/072; or
 (b) was made but not decided before the commencement of LIN 23/072.