4 Section 140GBA of the Act sets out a condition for labour market testing that needs to be met by approved work sponsors who wish to apply for work-related visas on behalf of a visa applicant in certain circumstances (see subsection 140GB(2) of the Act). Subsection 140GBA(1) provides that the labour market testing condition applies to a nomination by a person if:
· the person is or has applied to be, in a class of approved work sponsors (paragraph 140GBA(1)(a)); and
· the person nominates a proposed occupation and a particular position, associated with the nominated occupation, that is to be filled by a visa applicant (including proposed applicants) or a visa holder identified in the nomination (paragraph 140GBA(1)(b)); and
· it would not be inconsistent with any international trade obligation of Australia determined in a legislative instrument made under subsection 140GBA(2) to require the person to satisfy the labour market testing condition, in relation to the nominated position (paragraph 140GBA(1)(c)).