{"id":"F2025L01422","name":"Migration (Prohibited Things) Determination 2025","slug":"migration-prohibited-things-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443051,"registerId":"F2025L01422-fast-fetch-1775957954602","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Prohibited Things) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN 25/068\n\n \n\nMigration (Prohibited Things) Determination 2025\n\nI, Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, make the following determination.\n\nDated 24 November 2025\n\nTony Burke\n\nMinister for Home Affairs  Minister for Immigration and Citizenship\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Determination of prohibited things\n\n \n\n \n\n1  Name\n\n  This instrument is the Migration (Prohibited Things) Determination 2025.\n\n2  Commencement\n\n  This instrument commences on the later of:\n\n (a) 26 November 2025; and\n\n (b) the day after the instrument is registered.\n\n3  Authority\n\n  This instrument is made under subsection 251A(2) of the Migration Act 1958.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Migration Act 1958.\n\nalcohol includes any of the following:\n\n (a) an alcoholic beverage;\n\n (b) any liquid containing alcohol;\n\n (c) homemade alcohol;\n\n (d) any container, receptacle or package that is being used, or has recently been used, to contain, hold or package alcohol.\n\nalcoholic beverage has the meaning given by section 95 of the Customs Regulation 2015 as in force from time to time.\n\ncontrolled drug means:\n\n (a) a substance (other than a growing plant) of any quantity listed in the table in clause 1 of Schedule 1 to the Criminal Code Regulations as in force from time to time (a listed controlled drug); and\n\n (b) a drug analogue of a listed controlled drug.\n\ncontrolled precursor means:\n\n (a) a substance (including a growing plant) of any quantity listed in the table in section 13 of the Criminal Code Regulations as in force from time to time; and\n\n (b) a salt or ester of a substance that is so listed.\n\nCriminal Code Regulations means the Criminal Code Regulations 2019.\n\nhomemade alcohol means a substance that consists of or contains any of the following:\n\n (a) any organic substance that has undergone, or is undergoing, a homemade alcohol process;\n\n (b) any product, byproduct or resulting substance of a homemade alcohol process;\n\n (c) any substance that is a mixture between any substance referred to in paragraph (a) or (b) and any other substance;\n\nwhether or not the substance consists or, or contains, alcohol.\n\nhomemade alcohol process means any wholly or partly improvised, non-professional or non-commercial process that is capable of (or if carried out correctly, would be capable of) causing, enabling or facilitating the production of any substance consisting of, or containing, alcohol (whether or not the process results in the production of any alcohol).\n\ninternet carriage service has the meaning given by section 7 of the Telecommunications Act 1997.\n\ninternet-capable device means a computer or other electronic device that is used, or is capable of being used, in connection with an internet carriage service.\n\nmobile telecommunications device has the meaning given by section 473.1 of the Criminal Code.\n\n5  Determination of prohibited things\n\n (1) For the purposes of subsection 251A(1) of the Act, a thing mentioned in column 1 of an item in the following table is determined under paragraph 251A(2)(a) of the Act.\n\n \n\n| Item | Column 1  Thing | Column 2  … where possession of the thing is prohibited under ... |\n| --- | --- | --- |\n| 1 | controlled drug | section 308.1 of the Criminal Code |\n| 2 | controlled precursor | section 308.2 of the Criminal Code |\n\n\nNote: The information in column 2 of an item in the table is for information only, having regard to paragraph 251A(2)(a) of the Act.\n\n (2) For the purposes of subsection 251A(1) of the Act, a thing mentioned in an item in the following table is determined under paragraph 251A(2)(b) of the Act.\n\n \n\n| Item | Thing |\n| --- | --- |\n| 1 | alcohol |\n| 2 | a mobile telecommunications device |\n| 3 | a Subscriber Identity Module (SIM) card |\n| 4 | an internet-capable device |\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument itself does not indicate any change from a prior instrument or original intent. It sets out which items are treated as prohibited under subsection 251A(1) of the Migration Act 1958, with definitions and statutory cross-references; any change in practical scope would depend on differences between these definitions and those previously in effect, which are not addressed in the text."},"complexity_factors":["Narrow, enumerative scope: the instrument only lists specific items (cl.5) rather than creating broad new powers.","Clear definitions: key terms (e.g. alcohol, controlled drug, controlled precursor, homemade alcohol, internet-capable device) are defined in cl.4, reducing ambiguity.","External cross-references: controlled drugs/precursors reference the Criminal Code Regulations and possession offences in the Criminal Code (cl.5(1) and cl.4), requiring users to consult other instruments to understand exact coverage.","Dynamic references: several definitions refer to other instruments “as in force from time to time,” which can change applicable scope without amending this determination (cl.4).","Straightforward commencement and authority clauses (cls.2–3) keep procedural complexity low."],"plain_english_summary":"This instrument declares, for the purposes of subsection 251A(1) of the Migration Act 1958, which items are “prohibited things.” It lists controlled drugs and controlled precursors (linked to Criminal Code possession offences) and other items such as alcohol, mobile telecommunications devices, SIM cards and internet‑capable devices.\n\nIt matters because it tells officials and people subject to s251A which items are treated as prohibited, shaping enforcement and compliance under that Migration Act provision."},"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":3,"scope_assessment":{"changed":false,"description":"The instrument aligns with its original purpose under section 251A of the Migration Act, which specifically authorises the Minister to determine prohibited things for immigration detention. The scope has not expanded beyond this detention-specific context."},"complexity_factors":["Short instrument (5 sections, 2 tables)","8 defined terms, but most are straightforward or reference external definitions","Simple structure: definitions followed by two prohibition tables","No nested exceptions or complex conditional logic","Cross-references to external regulations (Customs Regulation 2015, Criminal Code Regulations 2019, Criminal Code) but these are standard incorporation by reference","Minimal operational detail - enforcement mechanisms sit in the parent Migration Act"],"plain_english_summary":"This instrument under the Migration Act lists items banned in Australian immigration detention: prohibited substances and precursors (illegal anywhere) and detention-specific bans such as alcohol (including homebrew and containers), mobile phones, SIM cards and any internet-capable devices. It applies to people in detention and centre staff. It matters because it legally empowers managers to confiscate items that could enable escapes, communications with media or organised protest, alcohol production or drug manufacture, with broad definitions giving wide discretion."}},"importantCases":[],"_links":{"self":"/api/acts/migration-prohibited-things-determination-2025","history":"/api/acts/migration-prohibited-things-determination-2025/history","analysis":"/api/acts/migration-prohibited-things-determination-2025/analysis","conflicts":"/api/acts/migration-prohibited-things-determination-2025/conflicts","importantCases":"/api/acts/migration-prohibited-things-determination-2025/important-cases","documents":"/api/acts/migration-prohibited-things-determination-2025/documents"}}