26th Jun 2013, 1:44 PM – Representatives Migration Amendment (Temporary Sponsored Visas) Bill 2013 - Consideration in Detail - Advertising requirement

The majority voted against a motion moved by Liberal MP Scott Morrison. The motion amended the bill with the following:

(1) Schedule 2, item 2, page 6 (lines 10 to 22), omit subsection 140GBA(3), substitute: (3) The labour market testing condition is satisfied if the Minister is satisfied that the approved sponsor has undertaken labour market testing in relation to the nominated position: (a) within a period determined under subsection (4) in relation to the nominated occupation; and (b) by means of advertising the position in the media in the manner prescribed by the regulations. (2) Schedule 2, item 2, page 6 (line 26) to page 7 (line 18), omit subsections 140GBA(5) and (6). (3) Schedule 2, item 2, page 7 (line 26), at the end of the definition of labour market testing subsection 140GBA(7), add ", by the means and within the period referred to in subsection (3)".

MP Morrison explained that these amendments ensure that the advertising requirement contained in the bill will be satisfied by "advertising the position in the media in the manner prescribed by the regulations", which is what the government minister said was intended by the measures.(Read MP Morrison's explanation of the amendment here. )

Background to the Bill

The Migration Amendment (Temporary Sponsored Visas) Bill 2013 was introduced by Labor MP Brendan O'Connor to “enhance the government's ability to deter sponsor behaviour which is inconsistent with the policy intent of the subclass 457 visa program and other temporary employer sponsored visa programs”.(Read MP O'Connor's comments here. ) At the time this bill was introduced, the 457 visa program was receiving extensive media attention with claims that it was being misused.(See ABC News. A simple explanation of the 457 visa scheme can be found on the Department of Immigration and Border Protection’s website here.)

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