EXPLANATORY STATEMENT

Migration Act 1958

APPROVAL OF ACTIVITIES

(PARAGRAPHS 235(7)(a) and 245AF(a))  

1. This Instrument is made under paragraph 235(7)(a) and paragraph  245AF(a) of the Migration Act 1958 (‘the Act’)
2. Paragraph 235(7)(a) of the Act provides that ‘work’ for the purposes of section 235 of the Act does not include an activity in which a person in immigration detention engages voluntarily where the activity is of a kind approved in writing by the Secretary.
3. Paragraph 245AF(a) of the Act provides that no offence is committed where a person in immigration detention engages voluntarily in an activity of a kind approved in writing by the Secretary.
4. The purpose of the Instrument is to specify the list of approved activities that a person in immigration detention is able to participate in.
5. The Instrument operates to ensure people who are in immigration detention and participate voluntarily in one of the approved activities are not engaging in ‘work.’ The effect of this Instrument is that an offence would not be committed if a person in immigration detention engages voluntarily in activities such as gardening or cleaning for personal purposes.
6. Pursuant to section 18 of the Legislative Instruments Act 2003 (Cth) consultation is not necessary as the Instrument is of a machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there would be low or no compliance cost on business and low other impacts on competition in relation to this instrument.

8. The Instrument, IMMI 10/019, commences on 11 June 2010.