Document ID: chunk:federal_register_of_legislation:C2016C01025:clause:2_140gbb
Version: federal_register_of_legislation:C2016C01025
Segment Type: clause
Provision Reference: sch 2 cl 140GBB
Character Range: 16291–17733

140GBB  Labour market testing—major disaster exemption
 (1) An approved sponsor 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 sponsor.
 (2) The Minister may, in writing, exempt a sponsor 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 an approved sponsor under subsection (2):
 (a) may be expressed to apply in relation to:
 (i) a specified nomination by the sponsor; or
 (ii) a specified class of nominations by the sponsor; and
 (b) must be expressed to apply to a particular sponsor specified in the exemption rather than a class of sponsors, despite subsections 33(3A) and (3AB) of the Acts Interpretation Act 1901.
 (5) An exemption made under subsection (2) is not a legislative instrument.