Section 140GBB — Migration Act 1958: 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.