{"id":"F2019L01286","name":"Migration (LIN 19/084: Definition of a Superyacht) Instrument 2019","slug":"migration-lin-19-084-definition-of-a-superyacht-instrument-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99869,"registerId":"commonwealth-F2019L01286-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (LIN 19/084: Definition of a Superyacht) Instrument 2019","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nMigration (LIN 19/084: Definition of a Superyacht) Instrument 2019\n\nI, David Coleman, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, acting under my power in regulation 1.15G of the Migration Regulations 1994 (the Regulations) specify that:\n\n(1) in accordance with subsection 33(3) of the Acts interpretation Act 1901, the instrument, Definition of a Superyacht \\- IMMI 09/019 is repealed;\n\n(2) a superyacht is any high value luxury sailing ship or motor vessel which is:\n\n(a) 24 metres or longer in length;\n\n(b) not carrying cargo;\n\n(c) used for sport or pleasure.\n\nNote: In this instrument:\n\n    (1) Superyacht has the meaning provided in regulation 1.03 of the Regulations.\n    (2) Vessel has the meaning provided in subsection 5(1) of the Migration Act 1958.\n\nThis instrument commences on 1 October 2019.\n\nDated: 26 September 2019\n\nDavid Coleman\n\nThe Hon. David Coleman\n\nMinister for Immigration, Citizenship, Migrant Services and Multicultural Affairs","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly its intended function: providing a clear, measurable definition for a specific term used in migration regulations. It replaces a 2009 instrument with essentially the same definition, suggesting the scope has remained stable for a decade."},"complexity_factors":["Extremely short — only 3 substantive paragraphs","No conditional logic or exceptions","Only 2 defined terms, both borrowed from other legislation by reference","Simple three-part test (length + no cargo + pleasure use)","Repeals one previous instrument and replaces it with minimal change"],"plain_english_summary":"This law defines what counts as a 'superyacht' for Australian immigration purposes. It replaces an older definition from 2009.\n\n**What it does:**\n- Sets three rules for a vessel to qualify as a superyacht:\n  - **Must be 24 metres or longer** (about the length of a large bus)\n  - **Cannot carry cargo** — it's for people, not freight\n  - **Must be used for sport or pleasure** — not commercial fishing, military, or industrial work\n\n**Who it affects:**\n- Owners and operators of luxury boats wanting to bring them to Australia\n- People seeking visas to work on these vessels (crew, captains, hospitality staff)\n- Immigration officials deciding visa applications\n\n**Why it matters:**\nAustralia has special visa rules for superyacht crew and visitors. This definition determines which boats qualify for those streamlined arrangements. Without this clear definition, there'd be arguments about whether a 23-metre luxury boat counts, or whether a charter vessel qualifies."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the prior instrument IMMI 09/019 and replaces the specified definition of “superyacht” with a three-part test: (1) 24 metres or longer; (2) not carrying cargo; (3) used for sport or pleasure (paragraph (1) and (2)(a)–(c)). The change therefore alters which vessels are classified as “superyacht” for purposes of any Migration Regulations that rely on that label; determining whether the practical scope has expanded or contracted requires a comparison with the repealed instrument’s text (paragraph (1)). The instrument takes effect 1 October 2019 (commencement clause)."},"complexity_factors":["Short, self-contained instrument with only three substantive criteria (length, cargo status, purpose) (paragraph (2)(a)–(c))","Cross-references to other legal provisions (regulation 1.15G; regulation 1.03; Migration Act s5(1)) require readers to consult multiple instruments to understand full effect (first line; Notes (1) and (2))","Terminology with factual or value-laden elements — e.g. “used for sport or pleasure” and “high value luxury” — creates interpretive uncertainty","Repeal of an earlier instrument (IMMI 09/019) requires comparison to prior text to assess scope changes in practice (paragraph (1))","Downstream legal effect depends on how other Migration Regulations use the term “superyacht”, so impact is not fully ascertainable from this instrument alone"],"plain_english_summary":"This instrument defines “superyacht” for the Migration Regulations by a three‑part test: high‑value luxury sailing or motor vessel 24 metres or longer, not carrying cargo, and used for sport or pleasure, and it repeals the prior definitional instrument. \n\nIt changes which vessels fall into the regulatory label, affecting owners/operators near the 24m threshold who must prove length, cargo status and use where migration rules depend on the term."}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-19-084-definition-of-a-superyacht-instrument-2019","history":"/api/acts/migration-lin-19-084-definition-of-a-superyacht-instrument-2019/history","analysis":"/api/acts/migration-lin-19-084-definition-of-a-superyacht-instrument-2019/analysis","conflicts":"/api/acts/migration-lin-19-084-definition-of-a-superyacht-instrument-2019/conflicts","importantCases":"/api/acts/migration-lin-19-084-definition-of-a-superyacht-instrument-2019/important-cases","documents":"/api/acts/migration-lin-19-084-definition-of-a-superyacht-instrument-2019/documents"}}