Is Legislative Instrument Law

Is legislative instrument law?

A registered direction is a legislative instrument according to section 8 (3) Legislation Act 2003 and would, therefore, be considered law, whereas non-registered instruments are not law.

The Australian government hosts its laws on the Federal Register of Legislation.

How does it apply to student visa applications?

Ministerial direction 69 is an instrument that guides case officers on how they are to assess the genuine temporary entrant criteria.

How do you find the official copy?

There isn’t an official copy found on Federal Register of Legislation. You will only find directions made under s499 in Legendcom which is a subscription registered migration agent use. It contains migration laws along with departmental policy. They are drafted by the business owners in the Department of Immigration to support good policy governance. 

It is not law. They are merely instructions, albeit made at the highest level within the department. It can be challenged, e.g. a direction cannot attempt to change migration law, or to narrow the interpretation of visa criteria.

It is binding on all case officers in their function and powers under the Act and includes tribunal.

The way directions are created, is similar to a Bill. The business owner “sponsors” a direction (develop, draft, coordinate), then give to Minister and tabled in Parliament. It is then uploaded to Legendcom. Therefore, not all directions are legislative instruments and do not have to be registered on Federal Register of Legislation. 

How Can We Help You? 

At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters.  You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Burmese, Mandarin, Cantonese, Indonesian, Spanish and Malay. If these aren’t your language, we can also help you arrange an interpreter.