Federal Register of Legislation - Australian Government

Primary content

LIN 20/053 Other as made
This instrument specifies the approved activities for detainees in immigration detention. This ensures that those detainees who participate in the approved activities will not be considered to be performing work in breach of subsection 235(3) of the Migration Act 1958.
Administered by: Home Affairs
Registered 30 Sep 2020
Tabling HistoryDate
Tabled HR06-Oct-2020
Tabled Senate06-Oct-2020

 

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

I, Michael Pezzullo, Secretary of the Department of Home Affairs, make the following instrument:

 

 

 

Dated 25 September 2020

 

 

Michael Pezzullo

Secretary of the Department of Home Affairs

 

 


1  Name

(1)          This instrument is the Migration (Approved Activities) Instrument (LIN 20/053) 2020.

(2)          This instrument may be cited as LIN 20/053.

2  Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

3  Authority

This instrument is made under paragraph 235(7)(a) and subsection 245AF(a) of the Migration Act 1958.

4  Definitions

Note 1:    A number of expressions used in this instrument are defined in subsection 5(1) of the Act including detainee and immigration detention.

Note 2:    For the purposes of Subdivision C of Division 12 of Part 2 of the Act, work is defined in subsection 245AG(1) of the Act.

In this instrument:

Act means the Migration Act 1958.

Regulations means the Migration Regulations 1994.

5  Repeal

In accordance with section 33(3) of the Acts Interpretation Act 1901, Migration (IMMI 10/019: Approval of Activities) Instrument 2010 (F2010L01570) is repealed.


 

6  Approved activities

For the purpose of subsections 235(7)(a) and 245AF(a) of the Act, the following activities, when voluntarily engaged in by a detainee in immigration detention, are approved:

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

                                             (i)     gardening;

                                           (ii)     cleaning; or

                                         (iii)     painting;

(b)          cooking and food preparation;

(c)           community activities for charitable and other non for profit organisations, which include fundraising activities that provide a benefit to the local community;

(d)          educational classes and activities;

(e)           computer activities;

(f)           arts or crafts;

(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 no offence or civil penalty in relation to work by non-citizens under subdivision C of Division 12 of Part 2 of the Act is committed where a detainee in immigration detention voluntarily engages in an activity of a kind approved in writing by the Secretary.