1Migration (Approved Activities) Instrument (LIN 24/054) 2024

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Commonwealth Coat of Arms of Australia

 

Migration (Approved Activities) Instrument (LIN 24/054) 2024

I, Stephanie Foster PSM, Secretary of the Department of Home Affairs, make this instrument.

Dated 25 June 2024

Stephanie Foster PSM

Secretary of the Department of Home Affairs

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

6  Approved activities

Schedule 1—Repeals

Migration (Approved Activities) Instrument (LIN 20/053) 2020

 

1  Name

  This instrument is the Migration (Approved Activities) Instrument (LIN 24/054) 2024.

2  Commencement

  This instrument commences on 1 July 2024.

3  Authority

  This instrument is made under paragraph 245AF(a) of the Migration Act 1958.

4  Definitions

Note: A number of expressions used in this instrument are defined in subsection 5(1) of the Act, including the following:

(a) detainee;

(b) immigration detention.

  In this instrument:

Act means the Migration Act 1958.

Regulations means the Migration Regulations 1994.

5  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Approved activities

 (1) For the purposes of paragraph 245AF(a) of the Act, the following activities, when voluntarily engaged in by a detainee in immigration detention, are approved:

 (a) for personal purposes—activities including but not limited to:

 (i) gardening;

 (ii) cleaning; or

 (iii) painting;

 (b) cooking and food preparation;

 (c) community activities for charitable and other not-for-profit organisations, including fundraising activities that provide a benefit to the local community;

 (d) educational classes and activities;

 (e) computer activities;

 (f) arts or crafts activities;

 (g) excursions outside of the immigration detention centre;

 (h) religious services and cultural activities;

 (i) recreational activities including any of the following:

 (i) games;

 (ii) physical fitness activities;

 (iii) reading;

 (iv) music;

 (v) sport and sporting competitions;

 (vi) television and movies.

Note:  Paragraph 245AF(a) of the Act provides that Subdivision C of Division 12 of Part 2 of the Act does not apply where a detainee in immigration detention voluntarily engages in an activity of a kind approved in writing by the Secretary.

Schedule 1—Repeals

Migration (Approved Activities) Instrument (LIN 20/053) 2020

1  The whole of the instrument

Repeal the instrument.