AgentCom Migration ResourcesAgentCom Migration ResourcesAgentCom Migration
Legislative instrument

Migration (Prohibited Things) Determination 2025

Status
InForce
Made / registered
2025-11-26
Register ID
F2025L01422

Migration (Prohibited Things) Determination 2025

I, Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, make the following determination.

Dated 24 November 2025

Tony Burke

Minister for Home Affairs
Minister for Immigration and Citizenship

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Determination of prohibited things

1  Name

  This instrument is the Migration (Prohibited Things) Determination 2025.

2  Commencement

  This instrument commences on the later of:

 (a) 26 November 2025; and

 (b) the day after the instrument is registered.

3  Authority

  This instrument is made under subsection 251A(2) of the Migration Act 1958.

4  Definitions

  In this instrument:

Act means the Migration Act 1958.

alcohol includes any of the following:

 (a) an alcoholic beverage;

 (b) any liquid containing alcohol;

 (c) homemade alcohol;

 (d) any container, receptacle or package that is being used, or has recently been used, to contain, hold or package alcohol.

alcoholic beverage has the meaning given by section 95 of the Customs Regulation 2015 as in force from time to time.

controlled drug means:

 (a) a substance (other than a growing plant) of any quantity listed in the table in clause 1 of Schedule 1 to the Criminal Code Regulations as in force from time to time (a listed controlled drug); and

 (b) a drug analogue of a listed controlled drug.

controlled precursor means:

 (a) a substance (including a growing plant) of any quantity listed in the table in section 13 of the Criminal Code Regulations as in force from time to time; and

 (b) a salt or ester of a substance that is so listed.

Criminal Code Regulations means the Criminal Code Regulations 2019.

homemade alcohol means a substance that consists of or contains any of the following:

 (a) any organic substance that has undergone, or is undergoing, a homemade alcohol process;

 (b) any product, byproduct or resulting substance of a homemade alcohol process;

 (c) any substance that is a mixture between any substance referred to in paragraph (a) or (b) and any other substance;

whether or not the substance consists or, or contains, alcohol.

homemade alcohol process means any wholly or partly improvised, non-professional or non-commercial process that is capable of (or if carried out correctly, would be capable of) causing, enabling or facilitating the production of any substance consisting of, or containing, alcohol (whether or not the process results in the production of any alcohol).

internet carriage service has the meaning given by section 7 of the Telecommunications Act 1997.

internet-capable device means a computer or other electronic device that is used, or is capable of being used, in connection with an internet carriage service.

mobile telecommunications device has the meaning given by section 473.1 of the Criminal Code.

5  Determination of prohibited things

 (1) For the purposes of subsection 251A(1) of the Act, a thing mentioned in column 1 of an item in the following table is determined under paragraph 251A(2)(a) of the Act.

Item

Column 1
Thing

Column 2
… where possession of the thing is prohibited under ...

1

controlled drug

section 308.1 of the Criminal Code

2

controlled precursor

section 308.2 of the Criminal Code

Note: The information in column 2 of an item in the table is for information only, having regard to paragraph 251A(2)(a) of the Act.

 (2) For the purposes of subsection 251A(1) of the Act, a thing mentioned in an item in the following table is determined under paragraph 251A(2)(b) of the Act.

Item

Thing

1

alcohol

2

a mobile telecommunications device

3

a Subscriber Identity Module (SIM) card

4

an internet-capable device

This is the as-made (original) text of F2025L01422, reproduced from the Federal Register of Legislation (legislation.gov.au) under CC BY 4.0. For an amended instrument the current compilation may differ — always confirm against the official source.

View on legislation.gov.au