{"id":"F2020L01461","name":"Migration (LIN 20/237: Health Waiver for Participating States and Territories) Instrument 2020","slug":"migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":130695,"registerId":"commonwealth-F2020L01461-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  (1) This instrument is titled Migration (LIN 20/237: Health Waiver for Participating States and Territories) Instrument 2020.\n  (2) This instrument may be cited as LIN 20/237.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after registration on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the definition of participating State or Territory in clauses 846.111, 855.111, 856.111 and 857.111 of Schedule 2 to the Migration Regulations 1994 as in force immediately before 1 July 2013.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Repeal","content":"#### 4 Repeal\n\n  This instrument repeals the Health Waiver – Participating States and Territories Instrument (IMMI 10/064) (F2010L02478), in accordance with subsection 33(3) of the Acts Interpretation Act 1901.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application","content":"#### 5 Application\n\n  This instrument applies to an application that has been made, but not finally determined, immediately before 1 July 2013 for the following visa subclasses:\n    (a) Subclass 846 (State/Territory Sponsored Regional Established Business in Australia);\n    (b) Subclass 855 (Labour Agreement);\n    (c) Subclass 856 (Employer Nomination Scheme);\n    (d) Subclass 857 (Regional Sponsored Migration Scheme).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Participating State or Territory","content":"#### 6 Participating State or Territory\n\n  The following States and Territories are specified:\n    (a) New South Wales;\n    (b) Victoria;\n    (c) Queensland;\n    (d) Western Australia;\n    (e) South Australia;\n    (f) Tasmania;\n    (g) Australian Capital Territory;\n    (h) Northern Territory.","sortOrder":5}],"analysis":{"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":"The instrument maintains its original narrow purpose. It simply updates the list of participating jurisdictions for a specific transitional health waiver provision. The scope remains limited to pre-1 July 2013 applications for four specific visa subclasses, with no expansion of coverage or purpose."},"complexity_factors":["Very short — only 6 operative sections","No defined terms section — relies on definitions in parent Migration Regulations 1994","Single straightforward purpose: listing States and Territories","Minimal conditional logic — only application date threshold (before 1 July 2013)","One cross-reference to repealed instrument and authority provisions","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This instrument authorises all eight Australian States and Territories to request a “health waiver” for certain legacy business and employer-sponsored visa applications (subclasses 846, 855, 856, 857) that were lodged and still being processed before 1 July 2013. It’s transitional—replacing a 2010 instrument—to ensure those older applications can still have the health requirement waived under the arrangements in place when they applied."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument repeals the earlier Health Waiver instrument and restates that the waiver applies to specified pending visa applications lodged before 1 July 2013 for subclasses 846, 855, 856 and 857 and lists all States and Territories. The text does not indicate an expansion or contraction of eligible cases beyond the repealed instrument, so no change of scope is evident from the source alone."},"complexity_factors":["Very short instrument with limited operative clauses (commencement, authority, repeal, application, list of jurisdictions).","Temporal limitation: applies only to applications made but not finally determined immediately before 1 July 2013.","Cross-reference to external Migration Regulations definitions (authority relies on clauses in Schedule 2 as in force before 1 July 2013).","Repeal of a prior instrument without introducing new substantive procedural rules or fee provisions.","Clear, closed list of affected visa subclasses and jurisdictions reduces interpretive ambiguity."],"plain_english_summary":"This instrument names the Australian States and Territories that count as “participating” for a health-waiver arrangement, repeals the prior Health Waiver instrument, and applies the waiver to applications for visa subclasses 846, 855, 856 and 857 that were made but not finally determined immediately before 1 July 2013. It commences the day after registration.\n\nThe instrument does not itself set fees or health requirements; it only prescribes scope and timing, leaving application of the waiver to migration decision-makers and affecting applicants with those pending visas."}},"importantCases":[],"_links":{"self":"/api/acts/migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020","history":"/api/acts/migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020/history","analysis":"/api/acts/migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020/analysis","conflicts":"/api/acts/migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020/conflicts","importantCases":"/api/acts/migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020/important-cases","documents":"/api/acts/migration-lin-20-237-health-waiver-for-participating-states-and-territories-instrument-2020/documents"}}