{"id":"F2019L00508","name":"Migration (LIN 19/085: Academic Year) Instrument 2019","slug":"migration-lin-19-085-academic-year-instrument-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440018,"registerId":"F2019L00508-fast-fetch-1775955817419","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (LIN 19/085: Academic Year) Instrument 2019","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 (LIN 19/085: Academic Year) Instrument 2019\n\nI, David Coleman, Minister for Immigration, Citizenship and Multicultural Affairs, make the following instrument.\n\nDated    26 March 2019\n\n \n\nDavid Coleman\n\nThe Hon David Coleman MP\n\nMinister for Immigration, Citizenship and Multicultural Affairs\n\n \n\n \n\nContents\n\nPart 1 - Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Schedules\n\n5  Definitions\n\nPart 2 – Definition\n\n6  Definition of academic year\n\nSchedule 1—Repeals\n\nIMMI 09/040 Definition of ‘Academic Year’\n\n \n\nPart 1 - Preliminary\n\n1  Name\n\n1.            This instrument is the Migration (LIN 19/085: Academic Year) Instrument 2019.\n2.            This instrument may be cited as LIN 19/085.\n\n\n2  Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislation.\n\n3  Authority\n\nThis instrument is made under the definition of academic year in regulation 1.03 of the Regulations.\n\n4  Definitions\n\nIn this instrument:\n\nCourse means a course registered under the Education Services for Overseas Students Act 2000.\n\nRegulations means the Migration Regulations 1994.\n\n5  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n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\n\n\nPart 2 – Definition\n\n6  Definition of academic year\n\nFor the purposes of the definition of academic year in regulation 1.03 of the Regulations, an academic year is at least a total of 46 weeks, being the duration of a course or courses.\n\n\n\n\nSchedule 1—Repeals\n\nIMMI 09/040 Definition of ‘Academic Year’\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier IMMI 09/040 instrument (Schedule 1) and now prescribes a numeric minimum academic year of 46 weeks for regulation 1.03 purposes (section 6). The scope therefore changes from relying on the prior instrument to applying this explicit 46‑week rule to course-duration calculations under the Migration Regulations."},"complexity_factors":["Single substantive change: a numeric minimum definition (section 6)","Cross-reference to external scheme (ESOS Act) for what counts as a Course (section 4)","Formal repeal of prior instrument (Schedule 1) requiring administrative update","Limited discretion in text—definition is a fixed rule rather than discretionary standard","Operational impact depends on interaction with Migration Regulations regulation 1.03 and visa processing practices"],"plain_english_summary":"This instrument sets the Migration Regulations definition of “academic year” as at least 46 weeks equal to the duration of a course or courses registered under the Education Services for Overseas Students Act (see section 6; definition of Course in section 4). It is made under regulation 1.03 by the Minister (section 3). Practically, migration officers will use this fixed 46‑week rule when assessing study-related visa matters; education providers and international students bear any compliance, scheduling or cost effects from meeting that minimum (sections 4, 6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow, technical function its title suggests: defining 'academic year' for migration purposes. It replaces an earlier definition without expanding into new policy areas."},"complexity_factors":["Only 6 substantive sections plus a repeal schedule","Just 2 defined terms ('Course' and 'Regulations')","Single operative provision (section 6) with no conditional logic or exceptions","No cross-references beyond the empowering regulation (1.03) and standard definitions","Straightforward repeal of one predecessor instrument"],"plain_english_summary":"This is a short, technical piece of legislation that sets a simple rule for international students and education providers. It **defines what counts as an 'academic year'** for migration purposes: **at least 46 weeks of course duration**. This matters because student visa rules (like work rights and course requirements) often depend on whether someone is studying a full 'academic year'. The instrument also **repeals an older 2009 definition** (IMMI 09/040), replacing it with this new one. It's made under the Migration Regulations 1994 and affects anyone on a student visa or applying for one, plus the universities and colleges that register courses for overseas students."}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-19-085-academic-year-instrument-2019","history":"/api/acts/migration-lin-19-085-academic-year-instrument-2019/history","analysis":"/api/acts/migration-lin-19-085-academic-year-instrument-2019/analysis","conflicts":"/api/acts/migration-lin-19-085-academic-year-instrument-2019/conflicts","importantCases":"/api/acts/migration-lin-19-085-academic-year-instrument-2019/important-cases","documents":"/api/acts/migration-lin-19-085-academic-year-instrument-2019/documents"}}