{"id":"F2023L01542","name":"Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023","slug":"migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104964,"registerId":"commonwealth-F2023L01542-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023","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\nLIN23/063\n\n \n\n \n\nMigration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023\n\nI, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, under subregulation 1.15N(2) of the Migration Regulations 1994 (the Regulations), specify 25 November 2023 for the purposes of paragraph 1.15N(1)(b) of the Regulations.\n\nThis instrument commences on the day after the instrument is registered.\n\nDated   23 November 2023\n\nAndrew Giles\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument does not amend the substantive scope or wording of the Migration Regulations. It simply fixes a date (25 November 2023) for the operation of paragraph 1.15N(1)(b) under the power in subregulation 1.15N(2). Any change in who is affected or what obligations apply flows from the content of paragraph 1.15N(1)(b), not from this instrument itself."},"complexity_factors":["Instrument only specifies a single calendar date rather than altering substantive regulatory text.","Legal effect depends on cross-reference to paragraph 1.15N(1)(b), which is not reproduced here (requiring users to consult the Regulations).","Exercise of delegated power by the Minister under subregulation 1.15N(2) — straightforward administrative act but requires locating the parent provision to understand consequences.","Temporal rule about commencement tied to registration date adds a small layer of administrative timing complexity."],"plain_english_summary":"What this instrument does (mechanically)\n\n- The instrument sets a specific date — 25 November 2023 — for the purpose of paragraph 1.15N(1)(b) of the Migration Regulations 1994. (See subregulation 1.15N(2) of the Regulations.)\n- The instrument takes legal effect on the day after it is registered. The instrument is dated 23 November 2023. (See the commencement clause in the instrument.)\n\nWho it affects and why it matters\n\n- This specification affects the people and cases that are governed by paragraph 1.15N(1)(b) of the Migration Regulations 1994. The instrument does not itself restate what paragraph 1.15N(1)(b) contains; it only supplies a date that that paragraph uses. (See paragraph 1.15N(1)(b) and subregulation 1.15N(2).)\n- The instrument is titled to indicate its purpose is to end a COVID-19 concession period. That is a stated purpose-claim of the instrument (in its title). The legal effect of ending that concession period depends on how paragraph 1.15N(1)(b) operates once the specified date is applied.\n\nWho decides, who bears effects, and what behaviour may change\n\n- The specification was made by the Minister for Immigration, Citizenship and Multicultural Affairs under the delegated power in subregulation 1.15N(2) of the Regulations. The instrument records the decision-maker by name (Andrew Giles). (See subregulation 1.15N(2).)\n- The people who bear any costs, lose any concession, or need to change behaviour are those to whom paragraph 1.15N(1)(b) applies. Because this instrument only fixes a date, the distribution of costs and benefits — for example, whether a person needs to apply for a visa, cease an entitlement, or take some other step — follows directly from the rules contained in paragraph 1.15N(1)(b) rather than from this instrument itself.\n\nCompliance burden, discretion and implementation points\n\n- Compliance burden: This instrument does not create new substantive requirements; it changes a timing parameter. Any new or removed compliance obligations flow from the underlying paragraph 1.15N(1)(b) once the specified date is applied. (See paragraph 1.15N(1)(b) and subregulation 1.15N(2).)\n- Ministerial discretion: The instrument is an exercise of delegated legislative power by the Minister under the Regulations (subregulation 1.15N(2)). The text shows the Minister may specify a date for the purposes of paragraph 1.15N(1)(b). This instrument exercises that discretion by naming 25 November 2023.\n- Timing and implementation risk: The instrument’s operative effect depends on the registration date because it “commences on the day after the instrument is registered.” If administrative timing differs from the specified date, the practical cutoff for affected persons will depend on registration and the content of paragraph 1.15N(1)(b).\n\nTrade-offs, incentives and likely behavioural implications (source‑linked)\n\n- Setting an explicit cut‑off date changes incentives around timing. Individuals or entities subject to paragraph 1.15N(1)(b) may accelerate or delay actions depending on whether the concession was available before or after 25 November 2023. The instrument itself does not describe those specific actions; that follows from paragraph 1.15N(1)(b).\n- Concentration of effects: A single specified date concentrates the moment at which legal status or eligibility under the relevant paragraph changes. Who gains or loses relative advantage depends on the pre-existing positions of those covered by paragraph 1.15N(1)(b).\n\nWhat the instrument does not do (by its text)\n\n- The instrument does not amend the Migration Regulations substantively; it does not change the wording of paragraph 1.15N(1)(b) or other provisions. It only supplies a date under the power in subregulation 1.15N(2).\n- The instrument does not itself state the operational consequences of the specified date; those consequences are set out in paragraph 1.15N(1)(b) of the Regulations.\n\nRelevant textual references\n\n- Specification power: subregulation 1.15N(2) of the Migration Regulations 1994 (as cited in the instrument).\n- Operative paragraph affected: paragraph 1.15N(1)(b) of the Migration Regulations 1994 (as cited in the instrument).\n- Specified date: 25 November 2023 (as named in the instrument).\n- Commencement: the instrument “commences on the day after the instrument is registered.” (as stated in the instrument.)"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, specific function it was designed for: setting an end date for the COVID-19 concession period. It has not expanded beyond its original purpose."},"complexity_factors":["Single operative provision specifying one date","No defined terms","No cross-references beyond the enabling regulation citation","No conditional logic or exceptions","Total length: 4 substantive sentences","Purely administrative/declaratory function"],"plain_english_summary":"This is a short legal instrument that **officially ends Australia's COVID-19 concession period for visa holders**.\n\n**What it does:**\n- Sets **25 November 2023** as the final day of special COVID-19 visa arrangements\n- These arrangements had allowed certain visa holders to count time spent outside Australia toward residency requirements, even when they couldn't travel due to pandemic border closures\n\n**Who it affects:**\n- People holding or applying for visas who were relying on COVID-19 concessions to meet residency or presence requirements\n- Particularly impacts those on pathways to permanent residency who needed time in Australia to qualify\n\n**Why it matters:**\n- After this date, the normal rules apply again — time spent outside Australia generally won't count toward residency requirements unless specific exceptions apply\n- Anyone who was depending on these pandemic-era flexibilities needs to ensure they now meet standard visa conditions\n\n**In simple terms:** Think of this as the government turning off the \"pandemic mode\" switch for visa rules. The special allowances that helped people during border closures are now finished."}},"importantCases":[],"_links":{"self":"/api/acts/migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023","history":"/api/acts/migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023/history","analysis":"/api/acts/migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023/analysis","conflicts":"/api/acts/migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023/conflicts","importantCases":"/api/acts/migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023/important-cases","documents":"/api/acts/migration-ending-the-covid-19-concession-period-lin-23-063-specification-2023/documents"}}