{"id":"F2024L00778","name":"Migration (Approved Activities) Instrument (LIN 24/054) 2024","slug":"migration-approved-activities-instrument-lin-24-054-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442459,"registerId":"F2024L00778-fast-fetch-1775957457907","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Approved Activities) Instrument (LIN 24/054) 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nMigration (Approved Activities) Instrument (LIN 24/054) 2024\n\nI, Stephanie Foster PSM, Secretary of the Department of Home Affairs, make this instrument.\n\nDated 25 June 2024\n\nStephanie Foster PSM\n\nSecretary of the Department of Home Affairs\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Approved activities\n\nSchedule 1—Repeals\n\nMigration (Approved Activities) Instrument (LIN 20/053) 2020\n\n \n\n1  Name\n\n  This instrument is the Migration (Approved Activities) Instrument (LIN 24/054) 2024.\n\n2  Commencement\n\n  This instrument commences on 1 July 2024.\n\n3  Authority\n\n  This instrument is made under paragraph 245AF(a) of the Migration Act 1958.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:\n\n(a) detainee;\n\n(b) immigration detention.\n\n  In this instrument:\n\nAct means the Migration Act 1958.\n\nRegulations means the Migration Regulations 1994.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Approved activities\n\n (1) For the purposes of paragraph 245AF(a) of the Act, the following activities, when voluntarily engaged in by a detainee in immigration detention, are approved:\n\n (a) for personal purposes—activities including but not limited to:\n\n (i) gardening;\n\n (ii) cleaning; or\n\n (iii) painting;\n\n (b) cooking and food preparation;\n\n (c) community activities for charitable and other not-for-profit organisations, including fundraising activities that provide a benefit to the local community;\n\n (d) educational classes and activities;\n\n (e) computer activities;\n\n (f) arts or crafts activities;\n\n (g) excursions outside of the immigration detention centre;\n\n (h) religious services and cultural activities;\n\n (i) recreational activities including any of the following:\n\n (i) games;\n\n (ii) physical fitness activities;\n\n (iii) reading;\n\n (iv) music;\n\n (v) sport and sporting competitions;\n\n (vi) television and movies.\n\nNote:  Paragraph 245AF(a) of the Act provides that Subdivision C of Division 12 of Part 2 of the Act does not apply where a detainee in immigration detention voluntarily engages in an activity of a kind approved in writing by the Secretary.\n\n\n\n\nSchedule 1—Repeals\n\nMigration (Approved Activities) Instrument (LIN 20/053) 2020\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals Migration (Approved Activities) Instrument (LIN 20/053) 2020 in full (Schedule 1) and sets a list of approved voluntary activities for detainees (s6). It is made under paragraph 245AF(a) of the Migration Act (s3) and commences 1 July 2024 (s2). The instrument therefore replaces the prior instrument administratively; the text itself does not detail substantive differences between the two instruments."},"complexity_factors":["Narrow, concrete purpose: a defined list of approved activities reduces legal complexity (s6).","Cross-reference to primary legislation: legal effect depends on paragraph 245AF(a) of the Migration Act, requiring readers to consult that Act for full effect (s3; note to s6).","Non‑exhaustive phrasing increases interpretive scope (e.g. 'including but not limited to'), creating potential uncertainty about unlisted activities (s6(a)).","Limited implementation detail: instrument does not address remuneration, eligibility conditions, security vetting, or health/safety measures, leaving administrative discretion to the Department (s6).","Full repeal of the prior instrument requires stakeholders to check differences and transition arrangements (Schedule 1).","Simple commencement and formality provisions reduce procedural complexity but create a short implementation window (commences 1 July 2024) (s2)."],"plain_english_summary":"This instrument (commencing 1 July 2024) lists activities that detainees in immigration detention may voluntarily undertake without the operation of Subdivision C of the Migration Act, and repeals the 2020 approved-activities instrument. It affects detainees, detention staff and the Department: the Secretary approves the activities (s3, s6), detainees choose to participate, and the Department must manage access, security and administration."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying approved activities for immigration detainees under paragraph 245AF(a) of the Migration Act. The 2024 version appears to be a straightforward reissue/replacement of the 2020 instrument (LIN 20/053) with no expansion of scope or purpose. The list of approved activities is consistent with typical detention facility programming and does not represent mission creep beyond the original legislative intent."},"complexity_factors":["Very short instrument (approximately 1.5 pages of substantive content)","Only 2 defined terms ('Act' and 'Regulations') in the interpretation section","Single operative provision (section 6) with a straightforward list structure","No cross-references beyond the empowering provision (paragraph 245AF(a)) and general references to the Act's definitions","No conditional logic, exceptions, or nested provisions","Simple repeal of a single previous instrument in Schedule 1"],"plain_english_summary":"This instrument lists everyday, educational, cultural and recreational activities that people in immigration detention may voluntarily do without breaching specific restrictions in the Migration Act. It affects detainees and detention staff by clarifying what is legally permitted and replaces the 2020 version. By exempting these activities from Subdivision C of Division 12 of Part 2, it protects detainees and staff from legal risk and supports rehabilitation and community engagement."}},"importantCases":[],"_links":{"self":"/api/acts/migration-approved-activities-instrument-lin-24-054-2024","history":"/api/acts/migration-approved-activities-instrument-lin-24-054-2024/history","analysis":"/api/acts/migration-approved-activities-instrument-lin-24-054-2024/analysis","conflicts":"/api/acts/migration-approved-activities-instrument-lin-24-054-2024/conflicts","importantCases":"/api/acts/migration-approved-activities-instrument-lin-24-054-2024/important-cases","documents":"/api/acts/migration-approved-activities-instrument-lin-24-054-2024/documents"}}