{"id":"F2018L00306","name":"Migration (IMMI 18/042: Designated Migration Law - Subdivision B of Division 3A of Part 2) Instrument 2018","slug":"migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99925,"registerId":"commonwealth-F2018L00306-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n (1) This instrument is the Migration (IMMI 18/042: Designated Migration Law, Subdivision B of Division 3A of Part 2) Instrument 2018.\n (2) This instrument may be cited as IMMI 18/042.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

18 March 2018

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under paragraph 495A(3)(b) of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Migration Act 1958.\n\n \n\nPart 2 –Designated migration law","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Designated migration law","content":"#### 5 Designated migration law\n\n For the purposes of paragraph 495A(3)(b) of the Act, Subdivision B of Division 3A of Part 2 of the Act is determined to be part of the designated migration law.","sortOrder":4}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: designating a specific subdivision of the Migration Act as subject to civil penalty provisions. There is no evidence of scope creep; it does one thing and one thing only."},"complexity_factors":["Extremely short instrument — only 5 sections total","Single operative provision (section 5) containing a one-sentence determination","Only 1 defined term ('Act') in the interpretation section","No cross-references to other legislation beyond the enabling provision (paragraph 495A(3)(b))","No conditional logic, exceptions, or nested provisions","Straightforward commencement table with single date"],"plain_english_summary":"This instrument designates Subdivision B of Division 3A of Part 2 of the Migration Act 1958 as \"designated migration law.\" That means breaches of those employer- and work-related visa rules can attract civil penalties (fines) rather than only criminal prosecution.\n\nIt mainly affects employers, labour‑hire firms and sponsors of foreign workers, and changes how the Department of Home Affairs and courts can enforce those immigration obligations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change the substantive scope or wording of Subdivision B; it formally classifies Subdivision B of Division 3A of Part 2 as part of the 'designated migration law' for the purposes of paragraph 495A(3)(b) (s5). The designation took effect on 18 March 2018 (s2). The instrument therefore changes only the legal treatment (classification) of that Subdivision under the Act, not the Subdivision’s text or intrinsic coverage."},"complexity_factors":["Cross-reference dependency: the instrument’s legal effect depends entirely on paragraph 495A(3)(b) of the Migration Act (see s3) and on the content of Subdivision B (see s5).","External-content risk: to know the substantive consequences you must read Subdivision B and the Act’s provisions about ‘designated migration law’ — this instrument does not state those consequences (s5).","Narrow form, broad effect: the instrument is procedurally simple (single determination) but changes how other provisions operate by reclassification (s5).","Commencement clarity: the whole instrument commenced 18 March 2018, so timing of the reclassification is fixed (s2).","No textual amendment: the instrument does not amend the Migration Act’s substantive text; it changes only classification (s5), which can create compliance obligations without altering statutory wording.","Who decides / discretion point: instrument is made under paragraph 495A(3)(b), reflecting an executive decision to designate — operational discretion remains in the Act and its delegated decision-makers (s3).","Compliance burden allocation: people and agencies subject to Subdivision B will bear any procedural or substantive consequences arising from its new status; those consequences are governed by the Act (s5)."],"plain_english_summary":"This instrument declares Subdivision B of Division 3A of Part 2 of the Migration Act 1958 to be part of the “designated migration law” under paragraph 495A(3)(b). It commenced on 18 March 2018. Mechanically, the designation means the provisions in that Subdivision are treated as ‘designated migration law’ for the Act’s purposes; people and agencies bound by those provisions will therefore be subject to whatever procedures, powers or limits the Act attaches to designated migration law."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201","history":"/api/acts/migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201/history","analysis":"/api/acts/migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201/analysis","conflicts":"/api/acts/migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201/conflicts","importantCases":"/api/acts/migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201/important-cases","documents":"/api/acts/migration-immi-18-042-designated-migration-law-subdivision-b-of-division-3a-of-part-2-instrument-201/documents"}}