Document ID: chunk:federal_register_of_legislation:C2016C01025:clause:2_140gba:p2
Version: federal_register_of_legislation:C2016C01025
Segment Type: clause
Provision Reference: sch 2 cl 140GBA (pt 2/3)
Character Range: 13342–16279

in relation to the labour market testing:
 (a) must include information about the approved sponsor's attempts to recruit suitably qualified and experienced Australian citizens or Australian permanent residents to the position and any other similar positions (see also subsection (6)); and
 (b) may also include other evidence, such as:
 (i) copies of, or references to, any research released in the previous 4 months relating to labour market trends generally and in relation to the nominated occupation; or
 (ii) expressions of support from Commonwealth, State and Territory government authorities with responsibility for employment matters; or
 (iii) any other type of evidence determined by the Minister, by legislative instrument, for this subparagraph.
 (6) For the purposes of paragraph (5)(a), the information mentioned:
 (a) must include details of:
 (i) any advertising (paid or unpaid) of the position, and any similar positions, commissioned or authorised by the approved sponsor; and
 (ii) fees and other expenses paid (or payable) for that advertising; and
 (b) may also include other information, such as:
 (i) information about the approved sponsor's participation in relevant job and career expositions; or
 (ii) details of any other fees and expenses paid (or payable) for any recruitment attempts mentioned in paragraph (5)(a) (including any participation mentioned in subparagraph (i) of this paragraph); or
 (iii) details of the results of such recruitment attempts, including details of any positions filled as a result.
 (6A) If the approved sponsor elects to provide other evidence and information as mentioned in paragraphs (5)(b) and (6)(b), the Minister may take that evidence and information into account. But if the approved sponsor elects not to provide such other evidence or information, the Minister is not to treat the nomination less favourably merely because of that fact.

Definitions
 (7) In this section:
associated entity has the same meaning as in Part 2A of the regulations.
Australian permanent resident means an Australian permanent resident within the meaning of the regulations.
eligible temporary visa holder: a person is an eligible temporary visa holder in relation to a nomination by an approved sponsor if, at the time when the nomination is made:
 (a) the person is the holder of a temporary visa referred to in the regulations as a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and
 (b) the person is employed in the agricultural sector by the approved sponsor (or an associated entity of the approved sponsor); and
 (c) the temporary visa does not prohibit the person from performing that employment.
labour market testing, in relation to a nominated position, means testing of the Australian labour market to demonstrate whether a suitably qualified and experienced Australian citizen or Australian permanent resident is readily available to fill the