{"id":"F2016L01417","name":"Specification of Activities 2016/075","slug":"specification-of-activities-2016-075","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95026,"registerId":"commonwealth-F2016L01417-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Specification of Activities 2016/075","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\ntitle: R5_19_4E\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)  Commonwealth of Australia\n\nMigration Regulations 1994\n\n \n\n# SPECIFICATION OF ACTIVITIES 2016/075\n\n(Paragraph 5.19E(6)(a))\n\nI, PETER DUTTON, Minister for Immigration and Border Protection, acting under   paragraph 5.19E(6)(a) of the Migration Regulations 1994 (the Regulations) SPECIFY the following activities for the purposes of paragraph 5.19E(2)(b):\n\na)      establishing, purchasing, investing or acquiring an interest in:\n\n1. a labour hire entity; or\n2. residential real property;\n\n\nb)     purchasing, investing or acquiring an interest in an existing entity (including a franchise).\n\nThis Instrument commences immediately after the commencement of the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016.\n\nDated: 7 September 2016\n\nPeter Dutton\n\nTHE HON PETER DUTTON MP\n\nMinister for Immigration and Border Protection\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow function it was designed for: specifying excluded activities for the Entrepreneur visa framework introduced by the 2016 Amendment Regulations. It has not expanded beyond its original purpose of delineating permissible entrepreneurial activities."},"complexity_factors":["Very short instrument (under 200 words)","Only 3 substantive paragraphs of operative text","No defined terms section — relies on external definitions in parent Migration Regulations","Simple list structure (a), b), 1), 2)) with no nested conditions or exceptions","Single cross-reference to paragraph 5.19E(6)(a) and 5.19E(2)(b) of parent regulations","No temporal limitations, review mechanisms, or transitional provisions"],"plain_english_summary":"This is a ministerial decision made in 2016 by then Immigration Minister Peter Dutton that **bans certain business activities for people on a specific type of Australian visa** (the Entrepreneur visa pathway).\n\n**What it does:**\nThe legislation specifies two types of business activities that **cannot** count toward meeting the visa requirements:\n\n- **Labour hire businesses** — companies that supply workers to other businesses (like temp agencies or contract staffing firms)\n- **Residential real estate** — buying houses, apartments, or land for people to live in\n- **Buying into existing businesses or franchises** — purchasing an established company rather than starting something new\n\n**Who it affects:**\nPeople applying for or holding an Entrepreneur visa who need to demonstrate they are engaged in \"entrepreneurial activity.\" The visa is designed for people starting innovative businesses, not for passive investment or labour supply companies.\n\n**Why it matters:**\nThis narrows what counts as legitimate \"entrepreneurial\" activity for visa purposes. The government wanted to ensure the visa attracted genuine startup founders and innovators, not property investors or people simply buying existing businesses. It prevents the visa from becoming a backdoor for property speculation or passive business ownership."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not itself amend paragraph 5.19E(2)(b); it specifies that certain activities are to be treated as relevant under that paragraph. The source text contains no statement that it expands or reduces the paragraph’s original reach beyond naming these activities. Therefore, based solely on this instrument, there is no evident change in scope from an earlier intent recorded in the instrument — it simply defines which activities count for the purposes of paragraph 5.19E(2)(b) (see opening line and items a) and b))."},"complexity_factors":["Short, narrowly focused instrument that only lists activities","Depends on cross-reference to paragraph 5.19E(2)(b) (the substantive effect requires reading that other provision)","Uses terms that are not defined within the instrument (e.g. 'labour hire entity', 'residential real property', 'existing entity'), so interpretation may require reference to other legislation or ordinary meaning","Legal effect is mechanical (specification) rather than procedural or multi-stepped, reducing internal complexity","Commencement linked to another amending instrument, so timing depends on external instrument's commencement"],"plain_english_summary":"What this instrument does (mechanics)\n\n- The Minister (Peter Dutton) uses the power in paragraph 5.19E(6)(a) of the Migration Regulations 1994 to list certain activities that count for the purposes of paragraph 5.19E(2)(b). (See the first line of the instrument.)\n- The activities specified are:\n  - establishing, purchasing, investing in, or acquiring an interest in either:\n    1. a labour hire entity; or\n    2. residential real property; and\n  - purchasing, investing in, or acquiring an interest in an existing entity (this explicitly includes franchises). (See items a)1, a)2 and b).)\n- The instrument takes effect immediately after the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016 commences. (See the commencement paragraph.)\n\nWho is affected\n\n- The specification applies to whoever is covered by paragraph 5.19E(2)(b) of the Migration Regulations 1994; this instrument determines that the listed activities are to be treated as relevant under that paragraph. (See the heading and opening line referring to paragraphs 5.19E(6)(a) and 5.19E(2)(b).)\n- Practically, the parties who carry out the listed activities (for example, people or entities that set up or buy a labour hire business, buy residential real property, or buy into an existing business or franchise) are the ones whose conduct is being captured by this specification. (See items a) and b).)\n\nWhy it matters (claimed purpose and mechanical effects)\n\n- The instrument does not include an explanatory memorandum or policy statements beyond its text. Its stated legal purpose is simply to ‘‘specify the following activities for the purposes of paragraph 5.19E(2)(b).’’ That is its explicit claim (first line).\n- Mechanically, by listing these activities the Minister makes them legally relevant to whatever tests, conditions or consequences are tied to paragraph 5.19E(2)(b). The direct mechanism is descriptive: the instrument brings particular commercial and property transactions within the scope of that regulation paragraph. (See opening line and items a) and b).)\n\nExpected incentives, costs and implementation notes (mechanisms, not judgments)\n\n- Incentives and private behaviour: including particular commercial acts (setting up or buying businesses, buying residential property, buying franchises) makes those acts count for the legal test in para 5.19E(2)(b). That changes how affected persons will decide whether to undertake and document those activities because the activities now have legal significance under that paragraph. (See items a) and b).)\n- Who pays / bears compliance costs: parties who carry out the listed activities and must interact with authorities under para 5.19E(2)(b) will face any administrative or legal consequences arising from those activities being specified. The instrument itself does not set fees or penalties; it only defines which activities are relevant. (See the instrument scope in the opening line and listed items.)\n- Bureaucratic discretion: the instrument is an exercise of Ministerial specification power under paragraph 5.19E(6)(a). It sets categories of activity; any discretionary decisions about applicants or cases will still rest with the decision-makers applying paragraph 5.19E(2)(b) and related provisions. The instrument does not itself set decision criteria or procedures. (See opening and signature block.)\n- Implementation risk and trade-offs: because the specification ties particular types of investments and purchases (including residential property and labour hire entities) into the regulation’s framework, capital and transaction choices by affected persons may shift in response. The instrument does not quantify or direct those shifts; it only changes the legal characterization of the listed activities under para 5.19E(2)(b). (See items a) and b).)\n\nKey textual pointers\n\n- Legal authority used: paragraph 5.19E(6)(a) of the Migration Regulations 1994 (opening line).\n- Activities specified: items a)1 (labour hire entity), a)2 (residential real property), and b) (existing entity, including franchise).\n- Commencement: immediately after commencement of the Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016 (commencement paragraph).\n\nDate and signatory\n\n- Dated 7 September 2016 and signed by the Minister for Immigration and Border Protection, Peter Dutton (signature block)."}},"importantCases":[],"_links":{"self":"/api/acts/specification-of-activities-2016-075","history":"/api/acts/specification-of-activities-2016-075/history","analysis":"/api/acts/specification-of-activities-2016-075/analysis","conflicts":"/api/acts/specification-of-activities-2016-075/conflicts","importantCases":"/api/acts/specification-of-activities-2016-075/important-cases","documents":"/api/acts/specification-of-activities-2016-075/documents"}}