Commonwealth legislation

Migration Act 1958 - Approval under paragraphs 235(7)(a) and 245AF(a) - Approval of Activities - June 2010

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

This instrument (IMMI 10/019) is an official approval allowing people in immigration detention to take part in everyday, educational, cultural and recreational activities without those activities being treated as "work" under the Migration Act.

That protection prevents detainees from breaching visa work conditions or committing related criminal offences, letting them participate in normal programs and pastimes while detained.

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Current sections

Direct links to the current provisions in Migration Act 1958 - Approval under paragraphs 235(7)(a) and 245AF(a) - Approval of Activities - June 2010.

Migration Act 1958 - Approval under paragraphs 235(7)(a) and 245AF(a) - Approval of Activities - June 2010

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Commonwealth of Australia

Migration Act 1958

APPROVAL OF ACTIVITIES

(PARAGRAPHS 235(7)(a) and 245AF(a))

I, ANDREW METCALFE, Secretary to the Department of Immigration and Citizenship, acting under paragraph 235(7)(a) and paragraph 245AF(a) of the Migration Act 1958 (‘the Act’) APPROVE the following activities for the purposes of each of those paragraphs:

cleaning for personal purposes
cooking
educational classes and activities
computing
cultural activities
excursions
religious services and activities
arts and crafts
voluntary community activities
recreational activities, including but not limited to:
games
gardening
physical fitness activities
reading
music
sport and sporting competitions
television and movies

This instrument, IMMI 10/019, commences on 11 June 2010.

Date 3 June 2010

ANDREW METCALFE

Secretary to the Department of Immigration and Citizenship

[NOTE 1: Paragraph 235(7)(a) of the Act provides that ‘work’ for the purposes of section 235 does not include an activity in which a detainee in immigration detention voluntarily engages where the activity is of a kind approved in writing by the Secretary.

NOTE 2: Paragraph 245AF(a) of the Act provides that no offence is committed where a detainee in immigration detention voluntarily engages in an activity of a kind approved in writing by the Secretary].

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Migration Act 1958 - Approval under paragraphs 235(7)(a) and 245AF(a) - Approval of Activities - June 2010