Document ID: chunk:federal_register_of_legislation:C2018A00038:clause:1_15
Version: federal_register_of_legislation:C2018A00038
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 11649–13432

15  Subsections 140GBA(5), (6) and (6A)
Repeal the subsections, substitute:
 (5) For the purposes of paragraph (3)(aa), the Minister may, by legislative instrument, determine the manner in which labour market testing in relation to a nominated position must be undertaken.
 (6) Without limiting subsection (5), the Minister may determine the following:
 (a) the language to be used for any advertising (paid or unpaid) of the position, and any similar positions, commissioned or authorised by the approved sponsor;
 (b) the method of any such advertising;
 (c) the period during which any such advertising must occur;
 (d) the duration of any such advertising.
 (6AA) The Minister must not make a determination under subsection (5) unless the Minister is reasonably satisfied that any advertising of the position undertaken in the determined manner:
 (a) will be targeted in such a way that a significant proportion of suitably qualified and experienced Australian citizens or Australian permanent residents would be likely to be informed about the position; and
 (b) will set out any skills or experience requirements that are appropriate to the position.
 (6AB) A duration determined for the purposes of paragraph (6)(d) must be at least 4 weeks.
 (6A) For the purposes of subparagraph (3)(b)(i), the Minister may, by legislative instrument, determine kinds of evidence that must accompany a nomination.
 (6B) Without limiting subsection (6A), the Minister may determine that a copy of any advertising mentioned in subsection (6) must accompany a nomination.
 (6C) Without limiting subsection (5) or (6A), the Minister may prescribe different manners or evidence for different nominated positions or classes of nominated positions.

Part 3—Application and transitional provisions