{"id":"F2018L00446","name":"Migration (IMMI 18/046: Determination of Designated Migration Law) Instrument 2018","slug":"migration-immi-18-046-determination-of-designated-migration-law-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439577,"registerId":"F2018L00446-fast-fetch-1775955550072","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (IMMI 18/046: Determination of Designated Migration Law) Instrument 2018","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![](image.001.jpeg)\n\n \n\nMigration (IMMI 18/046: Determination of Designated Migration Law) Instrument 2018\n\nI, Alan Tudge, Minister for Citizenship and Multicultural Affairs, make the following instrument.\n\nDated 28.3.18\n\nAlan Tudge\n\nThe Alan Tudge MP\n\nMinister for Citizenship and Multicultural Affairs  \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 This is a section\n\nSchedule 1—Repeals\n\nIMMI 07/091 - Designated Migration Law (F2007L04440)...........................2\n\n \n\nPart 1 - Preliminary\n\n1  Name\n\n1.            This instrument is the Migration (IMMI 18/046: Determination of Designated Migration Law) Instrument 2018.\n2.            This instrument may also be cited as IMMI 18/046.\n\n\n2  Commencement\n\nThis instrument commences the day after it is registered on the Federal Register of Legislation.\n\n3  Authority\n\nThis instrument is made under paragraph 495A(3)(b) to the Act. .\n\n4  Definitions.\n\nIn this instrument:\n\nAct means the Migration Act 1958\n\n5  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its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\n\n\n\nPart 2 – Determination of Designated Migration Law\n\n6  Determination of Designated Migration Law\n\n (1) For the purposes of subsection 495A(3), Subdivision AF of Division 3 of Part 2 of the Act is part of the designated migration law as defined in subsection 495A(1) of the Act. \n\n\n\n\nSchedule 1—Repeals\n\nIMMI 07/091 - Designated Migration Law (F2007L04440)\n\n1  The whole of the instrument\n\nRepeal the instrument\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier designation instrument (IMMI 07/091) (Schedule 1) and expressly adds Subdivision AF of Division 3 of Part 2 of the Migration Act 1958 to the definition of ‘designated migration law’ for the purposes of subsection 495A(3) (section 6). Mechanically, it updates which statutory provisions decision‑makers must treat as designated migration law rather than creating new substantive immigration rules."},"complexity_factors":["Short, focused instrument with a single substantive determination (section 6) and a repeal (Schedule 1).","Effect depends on cross-reference to the Migration Act 1958, especially definitions in subsection 495A(1) and the operation of subsection 495A(3) (authority in section 3, determination in section 6).","Legal effect requires reading Subdivision AF itself to see what substantive rules are now ‘designated’ — interpretive work occurs outside this instrument.","Repeal of IMMI 07/091 replaces prior designation rather than introducing standalone new rules, creating minimal drafting complexity but some administrative transition risk.","Commencement timing is automatic (day after registration), so implementation is immediate and procedural (section 2)."],"plain_english_summary":"This instrument formally declares that Subdivision AF of Division 3 of Part 2 of the Migration Act 1958 is part of the “designated migration law” for the purposes of subsection 495A(3). It also repeals an earlier designation instrument (IMMI 07/091). Decision-makers exercising powers under subsection 495A will therefore treat the rules in Subdivision AF as within the designated migration-law framework; non‑citizens whose status is governed by Subdivision AF are the primary subjects of that change."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (IMMI 07/091). It is a straightforward re-enactment of the existing designation of Subdivision AF as designated migration law, with no expansion of scope or purpose."},"complexity_factors":["Very short instrument (only 6 substantive sections plus a repeal schedule)","Only 1 defined term ('Act')","Single operative provision (section 6) with straightforward purpose","No nested exceptions or conditional logic","Minimal cross-referencing (only references to specific subsections of the Migration Act 1958)","Routine administrative update that repeals and replaces an earlier instrument without changing substantive effect"],"plain_english_summary":"This instrument formally designates Subdivision AF of Division 3 of Part 2 of the Migration Act 1958 as \"designated migration law\" and repeals the earlier IMMI 07/091. Subdivision AF covers transitory persons brought from offshore detention for temporary purposes (e.g., medical treatment).\n\nThat designation brings Subdivision AF under the special procedural rules in section 495A, affecting transitory persons, the officials who manage their cases, and lawyers/courts by changing how—and how easily—decisions can be judicially reviewed."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-046-determination-of-designated-migration-law-instrument-2018","history":"/api/acts/migration-immi-18-046-determination-of-designated-migration-law-instrument-2018/history","analysis":"/api/acts/migration-immi-18-046-determination-of-designated-migration-law-instrument-2018/analysis","conflicts":"/api/acts/migration-immi-18-046-determination-of-designated-migration-law-instrument-2018/conflicts","importantCases":"/api/acts/migration-immi-18-046-determination-of-designated-migration-law-instrument-2018/important-cases","documents":"/api/acts/migration-immi-18-046-determination-of-designated-migration-law-instrument-2018/documents"}}