{"id":"F2021L01448","name":"Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021","slug":"migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102135,"registerId":"commonwealth-F2021L01448-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 21/020\n\nMigration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021\n\nI, Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs, make this instrument under subsection 278A(9) of the Migration Act 1958 (the Act).\n\nDated 18 October 2021\n\nJason Wood\n\nAssistant Minister for Customs, Community Safety and Multicultural Affairs\n\n1 Name\n\nThis instrument is the Migration (MARA—Extension of eligible period for restricted legal practitioners) Instrument (LIN 21/020) 2021.\n\n2 Commencement\n\nThis instrument commences on the day after registration.\n\n3 Circumstances for extension of eligible period\n\nFor subsection 278A(7) of the Act, the following circumstances are determined:\n\n(a) the employment, business and volunteering commitments of the eligible person who has made the application under subsection 278A(4) of the Act (the applicant);\n\n(b) the applicant’s financial circumstances;\n\n(c) any attempt made by the applicant to secure a supervised legal practice placement on a full-time basis for a two-year period;\n\n(d) the applicant’s study commitments;\n\n(e) the applicant’s family responsibilities, including responsibility to provide care to:\n\n(i) the applicant’s spouse; or\n\n(ii) a member of the applicant’s family; or\n\n(iii) a relative of the applicant;\n\n(f) any medical condition that the applicant has;\n\n(g) any other hardship that applies to the applicant.\n\n> Note The concepts of spouse, members of a family and relative are defined in sections 5F and 5G of the Act.\n\n4 Details to be included in a written notice\n\nFor subsection 278A(8) of the Act, the notice of the decision must include the following details:\n\n(a) the reasons for the decision to extend the eligible period or to refuse to extend the eligible period;\n\n(b) findings on material questions of fact relied upon in making the decision;\n\n(c) reference to the evidence or other material on which those findings were based.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly focused on its original purpose: establishing the criteria for extending the eligible period for restricted legal practitioners under the Migration Act. It does not expand beyond the specific administrative function authorised by subsection 278A(9) of the Act."},"complexity_factors":["Very short instrument (only 4 sections, approximately 250 words total)","No defined terms within the instrument itself (relies on existing definitions in the Migration Act 1958)","Simple list structure with no nested conditions or cross-references to other legislative instruments","Straightforward administrative process with clear criteria","Single purpose: specifying circumstances for extension and notice requirements"],"plain_english_summary":"This instrument lets MARA‑registered restricted legal practitioners who are still completing their two years of supervised practice apply for an extension if they cannot finish by the original deadline. It creates a formal, transparent process to request more time.\n\nThe Authority must consider factors like work, study, health, family or financial hardship and efforts to secure supervised placement, and must provide written reasons and the facts and evidence relied on — protecting trainees from losing registration due to unavoidable circumstances."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not alter who may seek an extension under subsection 278A; it prescribes the circumstances decision-makers must consider and the required content of written notices under subsections 278A(7)–(8) (see clauses 3–4). It clarifies procedural and evidentiary requirements rather than expanding substantive eligibility."},"complexity_factors":["Short, focused instrument with limited substantive change — primarily procedural and evidentiary (clauses 3–4).","Relies on cross-references to the Migration Act (subsection 278A and definitions in ss 5F–5G), creating cross-referencing complexity.","Confers broad administrative discretion to weigh listed factors (employment, finances, study, family, health, ‘‘any other hardship’’) which can produce case-by-case variability (cl 3).","Places an evidentiary and documentation burden on applicants to demonstrate circumstances, increasing compliance costs for individuals (cl 3).","Requires decision notices to include reasons, factual findings and references to evidence, which raises administrative and record-keeping obligations for decision-makers (cl 4)."],"plain_english_summary":"This instrument specifies what decision‑makers must consider when extending the \"eligible period\" for restricted legal practitioners under subsection 278A of the Migration Act and requires written decisions to state reasons, factual findings and the evidence relied on (cls 3–4). It affects applicants seeking extra time to complete supervised legal practice and shifts the evidentiary and compliance burden onto applicants to substantiate employment, financial, study, family, health or other hardship matters while giving the decision‑maker discretion to weigh those factors (cl 3)."}},"importantCases":[],"_links":{"self":"/api/acts/migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020","history":"/api/acts/migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020/history","analysis":"/api/acts/migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020/analysis","conflicts":"/api/acts/migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020/conflicts","importantCases":"/api/acts/migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020/important-cases","documents":"/api/acts/migration-mara-extension-of-eligible-period-for-restricted-legal-practitioners-instrument-lin-21-020/documents"}}