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of the Acts Interpretation Act 1901, Migration (IMMI 10/019: Approval of Activities) Instrument 2010 (F2010L01570) is repealed.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.