Section 140GBC — Migration Act 1958: 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.