Document ID: chunk:federal_register_of_legislation:C2024C00800:section:140gba:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 140GBA (pt 2/3)
Character Range: 382977–385882

paragraph (3)(a) and subsection (4), if there have been redundancies or retrenchments as mentioned in subparagraph (3)(b)(ii), the labour market testing must be undertaken after those redundancies and retrenchments.
 (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 work 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.

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 another person 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 other person (or an associated entity of the other person); 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 position.