Senate debates

Thursday, 15 February 2018

Bills

Migration Amendment (Skilling Australians Fund) Bill 2018, Migration (Skilling Australians Fund) Charges Bill 2017; In Committee

1:02 pm

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Hansard source

So now I will go to 'Intra-Corporate Transferees of China'. This is not a hypothetical; this could be the Inland Rail that Minister Joyce keeps telling us will be built. If there is an 'employee of an enterprise of China established in Australia through a branch, subsidiary or affiliate which is lawfully and actively operating in Australia', they can fill a position in the branch, subsidiary or affiliate of the enterprise in Australia. Then it goes through (a), (b) and (c). In (b) it talks about:

… a specialist, who is a natural person with advanced trade, technical or professional skills and experience who must be assessed as having the necessary qualifications, or alternative credentials accepted as meeting Australia's standards, for that occupation, and who must have been employed by the employer for not less than two years immediately preceding the date of the application for temporary entry.

This is part of the intracorporate transfer. Could you just confirm this: if a Chinese company establishes a subsidiary or affiliate in Australia and then brings skilled trade, technical or professional people in, they would not be subject to labour market testing?

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