Migration (LIN 18/068: Access to Movement Records) Instrument 2018 (Cth)
Migration (LIN 18/068: Access to Movement Records) Instrument 2018
I, SNEHA CHATTERJEE, Delegate of the Minister for Home Affairs, make the following instrument.
Dated 24 August 2018
Sneha Chatterjee
Sneha Chatterjee
Senior Executive Service, Band One
Compliance & Corporate Coordination Branch
ABF Business Services Division
Delegate of the Minister for Home Affairs
Contents
Part 1—Preliminary.................................................................................................. 1
1 Name........................................................................................................................................ 1
2 Commencement........................................................................................................................ 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
5 Schedules................................................................................................................................. 1
Part 2—Access to movement records—specified legislation.................................... 2
6 Specified legislation.................................................................................................................. 2
Part 3—Access to movement records—specified agencies, employees and purposes 3
7 Agencies, employees and purposes.......................................................................................... 3
Schedule A — Specified Commonwealth, State or Territory legislation 4
Schedule B — Specified Agencies, Employees and Purposes 10
Schedule C — Repeals 37
Access to Movement Records 2016/090 (F2018C00075) 37
Part 1—Preliminary
1 Name
(1) This instrument is the Migration (LIN 18/068: Access to Movement Records) Instrument 2018.
(2) This instrument may be cited as LIN 18/068.
2 Commencement
This instrument commences the day after it is registered on the Federal Register of Legislation.
3 Authority
This instrument is made under regulation 3.10A of the Migration Regulations 1994.
4 Definitions
Note: Section 2B and subsection 46(1) of the Acts Interpretation Act 1901 incorporate into this instrument the definitions of APS employee and SES employee from the Public Service Act 1999.
In this instrument:
Act means the Migration Act 1958.
AO means an Administrative Officer.
APS 2 means an APS employee who is classified as an Australian Public Service Level 2 employee under the Classification Rules.
APS 3 means an APS employee who is classified as an Australian Public Service Level 3 employee under the Classification Rules.
APS 4 means an APS employee who is classified as an Australian Public Service Level 4 employee under the Classification Rules.
APS 5 means an APS employee who is classified as an Australian Public Service Level 5 employee under the Classification Rules.
APS 6 means an APS employee who is classified as an Australian Public Service Level 6 employee under the Classification Rules.
Classification Rules means the rules issued under section 23 of the Public Service Act 1999.
EL 1 means an APS employee who is classified as an Executive Level 1 employee under the Classification Rules.
EL 2 means an APS employee who is classified as an Executive Level 2 employee under the Classification Rules.
PO means Professional Officer
Regulations means the Migration Regulations 1994.
SES 1 means an APS employee who is classified as a Senior Executive Band 1 employee under the Classification Rules.
SES 2 means an APS employee who is classified as a Senior Executive Band 2 employee under the Classification Rules.
SO means Senior Officer.
5 Schedules
Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 2—Access to movement records—specified legislation
6 Specified legislation
For subregulation 3.10A(1) of the Regulations, the table in Schedule A to this instrument specifies Commonwealth, State or Territory legislation for the purposes of subparagraph 488(2)(a)(vii) of the Act.
Part 3—Access to movement records—specified agencies, employees and purposes
7 Agencies, employees and purposes
(1) For paragraph 3.10A(2)(a) of the Regulations, each Commonwealth, State or Territory agency mentioned in column 2 of the table in Schedule B is specified.
(2) For paragraph 3.10A(2)(b) of the Regulations, an employee is specified if the employee:
(a) is employed by an agency mentioned in column 2 of the table in Schedule B; and
(b) is an employee mentioned in column 3 of the table in Schedule B, of the corresponding agency in column 2 of that table.
(3) For paragraph 3.10A(2)(c) of the Regulations, the purposes mentioned in column 4 of the table in Schedule B are specified for the corresponding employees in column 3 of that table.
Schedule A — Specified Commonwealth, State or Territory legislation
| Item No. | Specified Legislation |
| 1. | Administrative Appeals Tribunal Act 1975 (Cth) |
| 2. | Adoption Act 2000 (NSW) |
| 3. | Adoption Regulations 2003 (NSW) |
| 4. | A New Tax System (Australian Business Number) Act 1999 (Cth) |
| 5. | A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) |
| 6. | A New Tax System (Family Assistance) Act 1999 (Cth) |
| 7. | A New Tax System (Goods and Services Tax) Act 1999 (Cth) |
| 8. | A New Tax System (Luxury Car Tax) Act 1999 (Cth) |
| 9. | A New Tax System (Wine Equalisation Tax) Act 1999 (Cth) |
| 10. | Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) |
| 11. | Archives Act 1983 (Cth) |
| 12. | AusCheck Act 2007 (Cth) |
| 13. | AusCheck Regulations 2007 (Cth) |
| 14. | Australian Border Force Act 2015 (Cth) |
| 15. | Australian Bureau of Statistics Act 1975 (Cth) |
| 16. | Australian Citizenship Act 2007 (Cth) |
| 17. | Australian Crime Commission Act 2002 (Cth) |
| 18. | Australian Federal Police Act 1979 (Cth) |
| 19. | Australian Human Rights Commission Act 1986 (Cth) |
| 20. | Australian Meat and Live-stock Industry Act 1997 (Cth) |
| 21. | Australian Passports Act 2005 (Cth) |
| 22. | Australian Securities and Investments Commission Act 2001 (Cth) |
| 23. | Australian Security Intelligence Organisation Act 1979 (Cth) |
| 24. | Australian Sports Anti-Doping Authority Act 2006 (Cth) |
| 25. | Australian Sports Anti-Doping Authority Regulations 2006 (Cth) |
| 26. | Aviation Transport Security Act 2004 (Cth) |
| 27. | Aviation Transport Security Regulations 2005 (Cth) |
| 28. | Bail Act 1977 (Vic) |
| 29. | Bail Act 1982 (WA) |
| 30. | Bankruptcy Act 1966 (Cth) |
| 31. | Bankruptcy Regulations 1996 (Cth) |
| 32. | Biosecurity Act 2015 (Cth) |
| 33. | Biosecurity Charges Imposition (Customs) Act 2015 (Cth) |
| 34. | Biosecurity Charges Imposition (Excise) Act 2015 (Cth) |
| 35. | Biosecurity Charges Imposition (General) Act 2015 (Cth) |
| 36. | Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (Cth) |
| 37. | Building Boost Grant Act 2011 (Qld) |
| 38. | Building Services (Complaints Resolution and Administration) Act 2011 (WA) |
| 39. | Building Services Registration Act 2011 (WA) |
| 40. | Business Names Registration Act 2011 (Cth) |
| 41. | Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cth) |
| 42. | Census and Statistics Act 1905 (Cth) |
| 43. | Child Care Act 1972 (Cth) |
| 44. | Children and Young People Act 2008 (ACT) |
| 45. | Children and Young Persons (Care and Protection) Act 1998 (NSW) |
| 46. | Children and Young Persons (Care and Protection) Regulation 2012 (NSW) |
| 47. | Child Support (Assessment) Act 1989 (Cth) |
| 48. | Child Support (Registration and Collection) Act 1988 (Cth) |
| 49. | Civil Aviation Act 1988 (Cth) |
| 50. | Civil Aviation Regulations 1988 (Cth) |
| 51. | Civil Aviation Safety Regulations 1988 (Cth) |
| 52. | Competition and Consumer Act 2010 (Cth) |
| 53. | Confiscation Act 1997 (Vic) |
| 54. | Confiscation of Criminal Assets Act 2003 (ACT) |
| 55. | Corporations Act 2001 (Cth) |
| 56. | Coroners Act 1993 (NT) |
| 57. | Coroners Act 1995 (Tas) |
| 58. | Coroners Act 1997 (ACT) |
| 59. | Coroners Act 2003 (Qld) |
| 60. | Coroners Act 2003 (SA) |
| 61. | Coroners Act 2008 (Vic) |
| 62. | Coroners Act 2009 (NSW) |
| 63. | Corrections Act 1986 (Vic) |
| 64. | Crimes Act 1900 (ACT) |
| 65. | Crimes Act 1900 (NSW) |
| 66. | Crimes Act 1914 (Cth) |
| 67. | Crimes Act 1958 (Vic) |
| 68. | Crimes (Confiscation of Profits) Act 1986 (Vic) |
| 69. | Crimes (Sentencing Procedure) Act 1999 (NSW) |
| 70. | Criminal Code Act 1899 (Qld) |
| 71. | Criminal Code Act Compilation Act 1913 (WA) |
| 72. | Criminal Code Act 1924 (Tas) |
| 73. | Criminal Code Act 1983 (NT) |
| 74. | Criminal Code Act 1995 (Cth) |
| 75. | Confiscation of Proceeds of Crime Act 1989 (NSW) |
| 76. | Criminal Investigations Act 2006 (WA) |
| 77. | Criminal Law Consolidation Act 1935 (SA) |
| 78. | Criminal Law (Sentencing) Act 1988 (SA) |
| 79. | Criminal Property Confiscation Act 2000 (WA) |
| 80. | Criminal Property Forfeiture Act 2002 (NT) |
| 81. | Customs (Prohibited Exports) Regulations 1958 (Cth) |
| 82. | Customs (Prohibited Imports) Regulations 1956 (Cth) |
| 83. | Customs Regulations 2015 (Cth) |
| 84. | Dental Benefits Act 2008 (Cth) |
| 85. | Drugs Misuse Act 1986 (Qld) |
| 86. | Drugs Misuse and Trafficking Act 1985 (NSW) |
| 87. | Drugs, Poisons and Controlled Substances Act 1981 (Vic) |
| 88. | Duties Act 1997 (NSW) |
| 89. | Duties Act 2000 (Vic) |
| 90. | Duties Act 2001 (Tas) |
| 91. | Education Services for Overseas Students Act 2000 (Cth) |
| 92. | Energy Grants (Cleaner Fuels) Scheme Act 2004 (Cth) |
| 93. | Excise Tariff Act 1921 (Cth) |
| 94. | Expiation of Offences Act 1996 (SA) |
| 95. | Export Control Act 1982 (Cth) |
| 96. | Extradition Act 1988 (Cth) |
| 97. | Fair Trading Act 1987 (NSW) |
| 98. | Fair Trading Act 2010 (WA) |
| 99. | Fair Work Act 2009 (Cth) |
| 100. | Family Law (Child Abduction Convention) Regulations 1986 (Cth) |
| 101. | Family Law (Child Protection Convention) Regulations 2003 (Cth) |
| 102. | Family Law Regulations 1984 (Cth) |
| 103. | Fines Act 1996 (NSW) |
| 104. | Firearms Act 1996 (Vic) |
| 105. | First Home and Housing Construction Grants Act 2000 (SA) |
| 106. | First Home Owner Grant Act 2000 (NT) |
| 107. | First Home Owner Grant Act 2000 (ACT) |
| 108. | First Home Owner Grant Act 2000 (Qld) |
| 109. | First Home Owner Grant Act 2000 (Tas) |
| 110. | First Home Owner Grant Act 2000 (Vic) |
| 111. | First Home Owner Grant Act 2000 (WA) |
| 112. | First Home Owner Grant (New Homes) Act 2000 (NSW) |
| 113. | First Home Saver Accounts Act 2008 (Cth) |
| 114. | Fringe Benefits Tax Assessment Act 1986 (Cth) |
| 115. | Fuel Tax Act 2006 (Cth) |
| 116. | Health Administration Act 1982 (NSW) |
| 117. | Health and Other Services (Compensation) Act 1995 (Cth) |
| 118. | Health Care Complaints Act 1993 (NSW) |
| 119. | Health Insurance Act 1973 (Cth) |
| 120. | Health Ombudsman Act 2013 (Cth) |
| 121. | Health Practitioner Regulation National Law Act 2009 (NSW) |
| 122. | Health Practitioner Regulation National Law Act 2009 (Qld) |
| 123. | Higher Education Support Act 2003 (Cth) |
| 124. | Human Services (Medicare) Act 1973 (Cth) |
| 125. | Illegal Logging Prohibition Act 2012 (Cth) |
| 126. | Immigration (Education) Act 1971 (Cth) |
| 127. | Immigration (Education) Charge Act 1992 (Cth) |
| 128. | Immigration (Guardianship of Children) Act 1946 (Cth) |
| 129. | Immigration (Guardianship of Children) Regulations 2001 (Cth) |
| 130. | Imported Food Control Act 1992 (Cth) |
| 131. | Income Tax Assessment Act 1936 (Cth) |
| 132. | Income Tax Assessment Act 1997 (Cth) |
| 133. | Information Act 2002 (NT) |
| 134. | Insurance Contracts Act 1984 (Cth) |
| 135. | Intelligence Services Act 2001 (Cth) |
| 136. | International Criminal Court Act 2002 (Cth) |
| 137. | International Transfer of Prisoners Act 1997 (Cth) |
| 138. | International War Crimes Tribunal Act 1995 (Cth) |
| 139. | Land Tax Act 1956 (NSW) |
| 140. | Land Tax Act 2000 (Tas) |
| 141. | Land Tax Act 2005 (Vic) |
| 142. | Land Tax Act 2010 (Qld) |
| 143. | Land Tax Management Act 1956 (NSW) |
| 144. | Life Insurance Act 1995 (Cth) |
| 145. | Maritime Transport and Offshore Facilities Security Act 2003 (Cth) |
| 146. | Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth) |
| 147. | Medical Indemnity Act 2002 (Cth) |
| 148. | Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 (Cth) |
| 149. | Migration Regulations 1994 (Cth) |
| 150. | Misuse of Drugs Act 1981 (WA) |
| 151. | Mutual Assistance in Criminal Matters Act 1987 (Cth) |
| 152. | National Consumer Credit Protection Act 2009 (Cth) |
| 153. | National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cth) |
| 154. | National Disability Insurance Scheme Act 2013 (Cth) |
| 155. | National Health Act 1953 (Cth) |
| 156. | National Health Reform Act 2011 (Cth) |
| 157. | National Health Security Act 2007 (Cth) |
| 158. | Oaths Act 1900 (NSW) |
| 159. | Ombudsman Act 1976 (Cth) |
| 160. | Paid Parental Leave Act 2010 (Cth) |
| 161. | Payroll Tax Act 2007 (NSW) |
| 162. | Payroll Tax Act 2008 (Tas) |
| 163. | Police Powers and Responsibilities Act 2000 (Qld) |
| 164. | Prisons Act 1981 (WA) |
| 165. | Proceeds of Crime Act 2002 (Cth) |
| 166. | Product Grants and Benefits Administration Act 2000 (Cth) |
| 167. | Public Health Act 2010 (NSW) |
| 168. | Regional Relocation (Home Buyers Grant) Act 2011 (NSW) |
| 169. | Regional Relocation (Home Buyers Grant) Amendment Act 2013 (NSW) |
| 170. | Residential Tenancies Act 1987 (WA) |
| 171. | Residential Tenancies Act 2010 (NSW) |
| 172. | Retirement Savings Accounts Act 1997 (Cth) |
| 173. | Road Transport Act 2013 (NSW) |
| 174. | Safety Rehabilitation and Compensation Act 1988 (Cth) |
| 175. | Sentence Administration Act 2003 (WA) |
| 176. | Sentencing Act 1995 (WA) |
| 177. | Small Superannuation Accounts Act 1995 (Cth) |
| 178. | Social Security Act 1991 (Cth) |
| 179. | Social Security (Administration) Act 1999 (Cth) |
| 180. | Social Security (International Agreements) Act 1999 (Cth) |
| 181. | Student Assistance Act 1973 (Cth) |
| 182. | Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cth) |
| 183. | Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 (Cth) |
| 184. | Superannuation (Departing Australia Superannuation Payments Tax) Act 2007 (Cth) |
| 185. | Superannuation (Government Co-contribution for Low Income Earners) Act 2003 (Cth) |
| 186. | Superannuation Guarantee (Administration) Act 1992 (Cth) |
| 187. | Superannuation Industry (Supervision) Act 1993 (Cth) |
| 188. | Superannuation Industry (Supervision) Regulations 1994 (Cth) |
| 189. | Superannuation (Resolution of Complaints) Act 1993 (Cth) |
| 190. | Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth) |
| 191. | Tax Agent Services Act 2009 (Cth) |
| 192. | Taxation Administration Act 1953 (Cth) |
| 193. | Taxation Administration Act 1996 (NSW) |
| 194. | Taxation Administration Act 1996 (SA) |
| 195. | Taxation Administration Act 1997 (Vic) |
| 196. | Taxation Administration Act 1997 (Tas) |
| 197. | Taxation Administration Act 1999 (ACT) |
| 198. | Taxation Administration Act 2001 (Qld) |
| 199. | Taxation Administration Act 2003 (WA) |
| 200. | Taxation Administration Act 2007 (NT) |
| 201. | Terrorism (Community Protections) Act 2003 (Vic) |
| 202. | Terrorism (High Risk Offenders) Act 2017 (NSW) |
| 203. | Trade Support Loans Act 2014 (Cth) |
| 204. | Veterans’ Entitlements Act 1986 (Cth) |
| 205. | Water Efficiency Labelling and Standards Act 2005 (Cth) |
| 206. | Weapons Act 1990 (Qld) |
| 207. | Weapons Act 1999 (WA) |
| 208. | Witness Protection Act 1994 (Cth) |
Schedule B — Specified Agencies, Employees and Purposes
| COLUMN 1 Item No. | COLUMN 2 Prescribed agencies | COLUMN 3 Prescribed employees | COLUMN 4 Prescribed purposes |
| 1 | Department of Home Affairs | All Department of Home Affairs employees, contractors and IT contractors who, in the course of their employment or contract: (a) liaise with the Asia-Pacific Economic Cooperation (APEC), manage integrated management reporting, border activities and assisting police with missing persons investigations; (b) assist the Department of Foreign Affairs and Trade in the provision of movement records for consular functions or activities during international event situations; (c) assist the Australian Government Security Vetting Agency (AGSVA) of the Department of Defence in the performance of their official functions. | For the following purposes: (a) assessing an individual’s eligibility for the APEC travel card; (b) integrated management reporting; (c) performing border-related functions; (d) assisting with consular enquiries and activities; (e) assisting the Australian Federal Police and State and Territory police forces, with missing persons investigations; (f) assisting AGSVA in the assessment and processing of security clearances. |
| 2 | Administrative Appeals Tribunal (AAT) | Employees of the AAT at APS 3 level and above. | For the purpose of assisting the AAT in the performance of its statutory duties and associated functions under the following Acts: (a) Migration Act 1958 (Cth); (b) Administrative Appeals Tribunal Act 1975 (Cth). |
| 3 | Australian Government Attorney-General’s Department | (a) Assistant Secretary, Transitional Crime and Corruption Branch; (b) Officers of the International Transfer of Prisoners Unit; (c) Officers of the Internal Crime Cooperation Central Authority; (d) Assistant Secretary, Family Law Branch; (e) Director, Executive Level 2, International Family Law Section; (f) Principal Legal Officer, International Family Law Section; (g) Assistant Director, Executive Level 1, International Family Law Section; (h) Senior Legal Officer, International Family Law Section; (i) Legal Officer, International Family Law Section; (j) Case Officer, International Family Law Section; (k) Graduate, International Family Law Section. | For the purpose of enabling the Australian Government Attorney-General’s Department to consider enquiries in connection with: (a) applications by prisoners for international transfer, or applications for international transfer, in accordance with the International Transfer of Prisoners Act 1997 (Cth); (b) extradition or extradition requests from Australia to another country or from another country to Australia; (c) mutual assistance, or mutual assistance requests; (d) assistance, or requests for assistance; (e) cooperation, or requests for cooperation, under the following legislation: (i) International Criminal Court Act 2002 (Cth); (ii) Mutual Assistance in Criminal Matters Act 1987 (Cth); (iii) International War Crimes Tribunal Act 1995 (Cth); (iv) Family Law Act 1975 (Cth); (v) Family Law Regulations 1984 (Cth); (vi) Criminal Code Act 1995 (Cth); (vii) Extradition Act 1988 (Cth). For the purpose of enabling the Australian Government Attorney-General’s Department to undertake work relating to child protection measures, international child abduction matters and international maintenance matters, under a range of international instruments and agreements, in accordance with the following legislation: For the purpose of enabling the Australian Government Attorney General’s Department to perform duties and functions under bilateral agreements between the Government of Australia and the Government of the Republic of Lebanon, and the Government of the Arab Republic of Egypt, regarding cooperation on protecting the welfare of children. |
| 4 | Attorney-General’s Department of South Australia, Fines Enforcement and Recovery Unit | (a) The Fines Enforcement & Recovery Officer; (b) Director Business Transformation; (c) Manager Client Contact; (d) Manager Stakeholder Engagement; (e) Debt Strategist; (f) Team Leader; (g) Senior Collections Officer; (h) Collections Officer. | For the purpose of assisting the Attorney-General’s Department of South Australia, Fines Enforcement and Recovery Unit in the performance of its statutory duties and associated functions under the following Acts: (a) Criminal Law (Sentencing) Act 1988 (SA); (b) Expiation of Offences Act 1996 (SA). |
| 5 | Australian Criminal Intelligence Commission | (a) Employees of the Operational Intelligence Branch; (b) Employees of the Information Branch; (c) Employees of the Joint Analyst Groups. | For the purpose of assisting the Australian Criminal Intelligence Commission in the performance of its statutory duties and associated functions under the following Acts: (a) Australian Crime Commission Act 2002 (Cth); (b) Criminal Code Act 1995 (Cth). |
| 6 | Australian Federal Police | Australian Federal Police appointee: (a) engaged overseas under section 69A of the Australian Federal Police Act 1979 (Cth) (the AFP Act); (b) seconded to the Australian Federal Police under section 69D of the AFP Act; (c) engaged under section 35 of the AFP Act as a consultant or contractor to perform services for the AFP and determined under subsection 35(2) of the AFP Act. | For the purpose of assisting the Australian Federal Police in the performance of its statutory duties and associated functions under the Australian Federal Police Act 1979 (Cth). |
| 7 | Australian Securities and Investments Commission | The following employees from Intelligence Gathering Branch: (a) Team Leader/Manager; (b) Information Analyst; (c) Information Officer; (d) Intelligence Analyst. | For the purpose of assisting the Australian Securities and Investments Commission in the performance of its statutory duties and associated functions under the following Acts: (a) Australian Securities and Investments Commission Act 2001 (Cth); (b) Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cth); (c) Business Names Registration Act 2011 (Cth); (d) Corporations Act 2001 (Cth); (e) Crimes Act 1900 (ACT); (f) Crimes Act 1914 (Cth); (g) Crimes Act 1900 (NSW); (h) Criminal Code Act 1983 (NT); (i) Crimes Act 1958 (Vic); (j) Criminal Code Act 1995 (Cth); (k) Criminal Code Act 1899 (Qld); (l) Criminal Code Act 1924 (Tas); (m) Criminal Code Act Compilation Act 1913 (WA); (n) Criminal Law Consolidation Act 1935 (SA); (o) First Home Saver Accounts Act 2008 (Cth); (p) Insurance Contracts Act 1984 (Cth); (q) Life Insurance Act 1995 (Cth); (r) National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cth); (s) National Consumer Credit Protection Act 2009 (Cth); (t) Retirement Savings Accounts Act 1997 (Cth); (u) Superannuation (Resolution of Complaints) Act 1993 (Cth); (v) Superannuation Industry (Supervision) Act 1993 (Cth). |
| 8 | Australian Security Intelligence Organisation | Australian Security Intelligence Organisation (ASIO) employee as defined in the Australian Security Intelligence Organisation Act 1979 (Cth) and an ASIO affiliate as defined in the Australian Security Intelligence Organisation Act 1979 (Cth). | For the purpose of assisting ASIO in the performance of its statutory duties and associated functions under the Australian Security Intelligence Organisation Act 1979 (Cth). |
| 9 | Australian Taxation Office | Employees of the following branches: (a) Service Delivery; (b) Indirect Tax; (c) Private Groups and High Wealth Individuals; (d) Small Business Individual Tax Payers; (e) Superannuation; (f) Fraud Prevention and Internal Investigations; (g) Tax Practitioner, Lodgement Strategy and Compliance Support; (h) Private Groups and International. | For the purpose of assisting the Australian Taxation Office in the performance of its statutory duties and associated functions under the following Acts: (a) Higher Education Support Act 2003 (Cth); (b) Public Governance, Performance and Accountability Act 2013 (Cth); (c) Privacy Act 1988 (Cth); (d) Income Tax Assessment Act 1936 (Cth); (e) Income Tax Assessment Act 1997 (Cth); (f) Taxation Administration Act 1953 (Cth); (g) Public Service Act 1999 (Cth); (h) Freedom of Information Act 1982 (Cth); (i) Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth); (j) Social Security Act 1991 (Cth); (k) Trade Support Loans Act 2014 (Cth); (l) A New Tax System (Australian Business Number) Act 1999 (Cth); (m) A New Tax System (Family Assistance) (Administration) Act 1999 (Cth); (n) A New Tax System (Family Assistance) Act 1999 (Cth); (o) A New Tax System (Goods and Services Tax) Act 1999 (Cth); (p) A New Tax System (Luxury Car Tax) Act 1999 (Cth); (q) A New Tax System (Wine Equalisation Tax) Act 1999 (Cth); (r) Fringe Benefits Tax Assessment Act 1986 (Cth); (s) Retirement Savings Accounts Act 1997 (Cth); (t) Superannuation (Government Co-contribution for Low Income Earners) Act 2003 (Cth); (u) Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth); (v) Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds); Assessment and Collection Act 1997 (Cth); (w) Superannuation Guarantee (Administration) Act 1992 (Cth); (x) Superannuation Industry (Supervision) Act 1993 (Cth). |
| 10 | Department of Agriculture and Water Resources | (a) APS4 – 6 and EL1 of the Enforcement Criminal Intelligence Unit; (b) APS4 – 5 of the Governance and Coordination Unit; (c) Biosecurity Officers as defined by the Biosecurity Act 2015. | For the purpose of assisting the Department of Agriculture and Water Resources in the performance of its statutory duties and associated functions under the following Acts: (a) Export Control Act 1982 (Cth); (b) Imported Food Control Act 1992 (Cth); (c) Illegal Logging Prohibition Act 2012 (Cth); (d) Criminal Code Act 1995 (Cth); (e) Biosecurity Act 2015 (Cth); (f) Water Efficiency Labelling and Standards Act 2005 (Cth); (g) Regulatory Powers (Standard Provisions) Act 2014 (Cth); (h) Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 (Cth). |
| 11 | Department of Justice, Western Australia | (a) Manager, Information Release; (b) Senior Information Management Officer; (c) Information Compliance Officer; (d) Records Management Administrator. | For the purpose of assisting the Department of Justice, Western Australia, in the performance of its statutory duties and associated functions under the following Acts: (a) Prisons Act 1981 (WA); (b) Sentencing Act 1995 (WA); (c) Sentence Administration Act 2003 (WA); (d) Young Offenders Act 1994 (WA); (e) Bail Act 1982 (WA). |
| 12 | Department of Defence | (a) Employees of the Department of Defence carrying out their official duties or performing official functions and the access is required to assist the Department of Defence in the performance of its statutory duties and associated functions; (b) Employees or contractors of AGSVA carrying out their official duties or performing official functions and the access is required to assist the Department of Defence in the performance of its duties. | (a) For the purpose of assisting the Department of Defence in the performance of its statutory duties and associated functions under the Intelligence Services Act 2001 (Cth); (b) For the purpose of assessing, verifying and processing security clearances. |
| 13 | Australian Signals Directorate | Employees of the Australian Signals Directorate (ASD) carrying out their official duties or performing official functions and the access is required to assist ASD in the performance of its statutory duties and associated functions. | For the purpose of assisting the Australian Signals Directorate in the performance of its statutory duties and associated functions under the Intelligence Services Act 2001 (Cth). |
| 14 | Department of Education and Training | (a) EL1/Team Leader/Support Manager, Adult Migrant English Program (AMEP), Reporting and Management System (ARMS), AMEP Section; (b) APS6 ARMS Reporting Analyst, AMEP Section; (c) APS5 ARMS Support Officer, AMEP Section; (d) APS4 ARMS Support Officer, AMEP Section. | For the purpose of assisting the Department of Education and Training in the performance of its statutory duties and associated functions under the following Acts: (a) A New Tax System (Family Assistance) (Administration) Act 1999 (Cth); (b) Education Services for Overseas Students Act 2000 (Cth); (c) Immigration (Education) Act 1971 (Cth). |
| 15 | Department of Foreign Affairs and Trade | (a) Consular Officers, Canberra; (b) Consular Officer, Passports, London; (c) Consular Officer, Passports, Washington; (d) Director, Passports/Consular, Washington; (e) Eligibility Officer, Passports, Adelaide; (f) Eligibility Officer, Passports, Brisbane; (g) Eligibility Officer, Passports, Canberra; (h) Eligibility Officer, Passports, Darwin; (i) Eligibility Officer, Passports, London; (j) Eligibility Officer, Passports, Melbourne; (k) Eligibility Officer, Passports, Perth; (l) Eligibility Officer, Passports, Sydney; (m) Eligibility Officer, Passports, Hobart; (n) Fraud Officer, Passports, Brisbane; (o) Fraud Officer, Passports, Canberra; (p) Fraud Officer, Passports, Melbourne; (q) Fraud Officer, Passports, Perth; (r) Fraud Officer, Passports, Sydney; (s) Manager, Passports, Adelaide; (t) Manager, Passports, Brisbane; (u) Manager, Passports. Canberra; (v) Manager, Passports, Darwin; (w) Manager, Passports, Hobart; (x) Manager, Passports, London; (y) Manager, Passports, Melbourne; (z) Manager, Passports, Perth; (za) Manager, Passports, Sydney; (zb) Manager, Passports, Washington; (zc) Officers, Consular Emergency Centre (CEC), Canberra; (zd) Officers, Passport Policy and Operations Section (PPOS), Canberra; (ze) Policy Officers, Passports, Canberra; (zf) Protocol Officers, Canberra; (zg) Regional Director, Passports, Brisbane; (zh) Regional Director, Passports, Canberra; (zi) Regional Director, Passports, Melbourne; (zj) Regional Director, Passports, Sydney. | For the purpose of assisting the Department of Foreign Affairs and Trade in the performance of its statutory duties and associated functions under the following Acts: (a) Australian Passports Act 2005 (Cth); (b) Foreign Passports (Law Enforcement and Security) Act 2005 (Cth). |
| 16 | Department of Health | (a) APS4 – EL2 employees, Provider Benefits Audits; (b) APS4 – EL2 employees, Provider Benefits Investigations; (c) APS4 – EL2 employees, Provider Benefits Preliminary Analysis. | For the purpose of assisting Department of Health in the performance of its statutory duties and associated functions under the following Acts: (a) Health Insurance Act 1973 (Cth); (b) National Health Act 1953 (Cth). |
| 17 | Department of Human Services | (a) Employees at APS 5 level and above, with responsibility for verifying immigration status and movement information in relation to social security and family assistance benefit review, Appeals Branch; (b) Employees at APS 4 level and above, with responsibility for customer service recovery action, in relation to social security and family assistance benefits, Quality and Customer Complaints Branch; (c) Employees at APS 4 level and above, with responsibility for policy and procedural support for staff processing social security and family assistance claims and entitlement review, Multicultural and Rural Programmes Branch; (d) Employees at APS 4 level and above, with responsibility for identification, investigation and prevention of incorrect payments and fraud, Serious Non-Compliance Branch; (e) Employees at APS 4 level and above, with responsibility for policy and procedural support for staff processing social security and family assistance claims and entitlement reviews, Older Australian and International Branch; (f) Employees at APS 3 level and above, with responsibility for identification, investigation and prevention of incorrect payments, Customer Compliance Branch; (g) Employees at APS 3 level and above, with responsibility for verifying movements and residence information for the purpose of eligibility and ongoing entitlement for social security and family assistance benefits, Multicultural Services Branch; (h) Employees at APS level 3 and above, with responsibility for identification, investigation and prevention of incorrect payments, Internal Fraud Control and Investigations Branch; (i) Employees at APS 2 level and above, with responsibility for verifying movements and residence information for the purpose of eligibility and ongoing entitlement for social security and family assistance benefits, International Services (Centrelink), Zone Tasmania Branch; (j) All employees with the responsibility for processing family benefits and services, and providing assistance with claims forms, Families and Child Care Branch or Remote and ABSTUDY Smart Centres Branch; (k) Employees at APS level 2 and above, with responsibility for verifying movements and residence information for the purpose of eligibility and ongoing entitlement under international social security agreements, International Services (Centrelink), Zone Tasmania Branch; (l) Employees at APS level 5 and above, with responsibility for verifying immigration status and movement information in relation to social security and family assistance benefit reviews, Appeals Branch; (m) Employees at APS level 4 and above, with responsibility for identification, investigation and enforcement of child support liabilities and fraud, Serious Non-Compliance Branch; (n) Employees at APS level 4 and above, with responsibility for customer service recovery action in relation to child support benefits, Quality and Customer Compliance Branch; (o) Employees at APS level 3 and above, with responsibility for identification, investigation and enforcement of child support liabilities, Customer Compliance Branch; (p) Employees at APS level 3 and above, with responsibility for identification, investigation and enforcement of child support liabilities, Child Support, New Customers and Mainstream Services Branch; (q) Employees at APS level 3 and above, with responsibility for identification, investigation and enforcement of child support liabilities, Child Support Intensive Collection Services Branch; (r) Employees at APS level 3 and above, with responsibility for identification, investigation and enforcement of child support liabilities, Child Support and Specialised Assessments and Medicare Branch; (s) Employees at APS level 3 and above, with responsibility for identification, investigation and prevention of incorrect payments, Internal Fraud Control and Investigations Branch; (t) Employees at APS level 4 and above, with responsibility for identification and investigation of incorrect payments and investigations of offences against Medicare programmes, Health Compliance Branch; (u) Employees at APS level 4 and above, with responsibility for customer service recovery action in relation to Medicare benefits, Quality and Customer Complaints Branch. | For the purpose of: For the purpose of giving effect to Australia’s international obligations in relation to reciprocal Social Security Agreements. For the purpose of: For the purpose of: (i) A New Tax System (Family Assistance) (Administration) Act 1999 (Cth); |
| 18 | Department of Social Services | Employees of the Department of Social Services (DSS) carrying out their official duties or performing official functions and the access is required to assist DSS in the performance of its statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the movement record information of individuals. |
| 19 | Fair Work Ombudsman | APS4 – SES officers within the Operations Group. | For the purpose of assisting the Fair Work Ombudsman in the performance of its statutory duties and associated functions under the Fair Work Act 2009 (Cth). |
| 20 | Revenue New South Wales | (a) Assistant Advisor, Fine Review; (b) Assistant Advisor, Tax Debt Collections; (c) Assistant Compliance Officer; (d) Assistant Coordinator, Camera and Nominations; (e) Assistant Coordinator, Civil Debt Collections; (f) Assistant Coordinator, Compliance; (g) Assistant Coordinator, Fine Review; (h) Assistant Operations Officer; (i) Assistant Support Officer, Compliance; (j) Assistant Support Officer, Fines; (k) Civil Debt Coordinator; (l) Collections Support Officer; (m) Compliance Officer; (n) Compliance Support Officer; (o) Consultant, Cameras and Nominations; (p) Coordinator, Tax Debt Collections; (q) Operations Officer; (r) Operations Support Officer; (s) Performance and Integrity Officer; (t) Support Officer, Civil Debt Collections; (u) Support Officer, Fine Review; (v) Support Officer, Fines; (w) Support Officer, Fines Debt; (x) Support Officer, Tax Debt Collections; (y) Technical Advisor. | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the following Acts: For the purpose of assisting in the investigation and determination of liabilities under the following Acts: For the purpose of assisting in the investigation, prosecution and enforcement of fines, fees and penalties including, but not limited to, the location of individuals falsely nominated for demerit point driving offences under the relevant provisions of the following Acts: |
| 21 | State Revenue Office, Victoria | (a) Area Manager; (b) Program Manager; (c) Principal Investigator; (d) Senior Investigator; (e) Investigator; (f) Revenue Reporting Analyst; (g) Strategic Liaison Officer; (h) Senior Analyst; (i) Senior Administration Officer. | For the purpose of assisting the State Revenue Officer, Victoria, in the performance of its statutory duties and associated functions under the following Acts: (a) First Home Owner Grant Act 2000 (Vic); (b) Taxation Administration Act 1997 (Vic); (c) Duties Act 2000 (Vic); (d) Land Tax Act 2005 (Vic). |
| 22 | Office of State Revenue, Queensland Treasury | (a) Employees at the AO3 – S01 level from the Land Tax Division; (b) Employees at the AO4 – S01 level from the Duties and Grants Division; (c) Employees at AO4 – SO1 level from the Royalties Division; (d) Employees at AO4 – SO1 level from the Risk Analytics and Finance Division; (e) Employees at AO4 – SO1 level from the Enterprise Systems Division. | For the purpose of carrying out official duties and performing official functions for the administration and enforcement of revenue and recognised laws, specifically but not limited to residency requirements under the following Acts: (a) Taxation Administration Act 2001 (Qld); (b) Land Tax Act 2010 (Qld); (c) Duties Act 2001 (Qld); (d) First Home Owner Grant Act 2000 (Qld); (e) Payroll Tax Act 1971 (Qld); (f) Mineral Resources Act 1989 (Qld); (g) Petroleum Act 1923 (Qld). |
| 23 | Australian Bureau of Statistics | Employees at APS6 – EL2 level, Migration Statistics Section, Population Statistics Branch, Population and Social Statistics Division. | For the purpose of collecting statistical information relating to social, economic and demographic characteristics under the following Acts: (a) Australian Bureau of Statistics Act 1975 (Cth); (b) Census and Statistics Act 1905 (Cth). |
| 24 | Office of the Health Ombudsman (Qld) | (a) Employees at AO3 – SO1 level, Investigations Division; (b) Employees at Executive Director Investigations level, Investigations Division; (c) Employees at AO4 – SO1 level, Monitoring and Compliance Team, Investigations Division; (c) Employees at AO4 level, Immediate Action Team; (d) Employees at AO6 – SO1 level, Immediate Action Team; (e) Employees at PO6 level, Immediate Action Team; (f) Employees at the AO3 – AO4 level, Legal Services Division; (g) Employees at the PO4 – PO6 level, Legal Services Division; (h) Employees at the Director Legal Services level, Legal Services Division; (i) Employees at the Director Hearings level, Legal Services Division; (j) Employees at the Executive Director Legal Services level, Legal Services Division; (k) Employees at the AO4 level, Assessment and Resolution Division; (l) Employees at the AO5 – SO1 level, Assessment and Resolution Division; (m) Employees at the Executive Director Assessment and Resolution Division level, Assessment and Resolution Division; (m) Manager Performance, Technology and Communication Services at the A08 level, Business Innovation Division; (n) Director Business Innovation at the SO level, Business Innovation Division; (o) Administrative Support Officer at the A03 level, Business Innovation Division; (p) Principal Technology Services Officer at the A07 level, Business Innovation Division; (q) Principal Information Systems Management Officer at the A07 level, Business Innovation Division; (r) Senior Information Systems Management Officer at the A06 level, Business Innovation Division; (s) Senior Technology Services Officer at the A06 level, Business Innovation Division; (t) Information Management Officer at the A05 level, Business Innovation Division; (u) Information Management Officer (RTI) at the A05 level, Business Innovation Division; (v) Reporting Officer at the A05 level, Business Innovation Division; (w) Service Desk Officer at the A04 level, Business Innovation Division. | For the purpose of investigating allegations of misconduct or performance of health practitioners. These investigations are carried out in accordance with the following Acts: (a) Health Ombudsman Act 2013 (Qld); (b) Health Practitioner Regulation National Law Act 2009 (Qld). |
| 25 | Clean Energy Regulator | (a) Employees at APS4 – EL2 level, Intelligence and Analytics Section; (b) Employees at APS5 – EL2 level, Investigations Section; (c) Employees at APS5 – EL2 level, SRES Compliance Section, Assurance and Information Branch; (d) Employees at the SES Band 1; (e) Employees at the SES Band 2 level, Regulatory Obligation and Coordination Branch; (f) Employees at the SES Band 1 level, Participation and Compliance Branch; (g) Employees at the SES Band 2 level, Scheme Entry and Entitlement Division. | For the purpose of assisting the Clean Energy Regulator perform their statutory duties under the following Acts: (a) Clean Energy Regulator Act 2011 (Cth); (b) Clean Energy Legislation (Carbon Tax Repeal) Act 2014 (Cth); (c) National Greenhouse and Energy Reporting Act 2007 (Cth); (d) Renewable Energy (Electricity) Act 2000 (Cth); (e) Carbon Credits (Carbon Farming Initiative) Act 2011 (Cth); (f) Australian National Registry of Emissions Units Act 2011 (Cth); (g) Crimes Act 1914 (Cth); (h) Criminal Code Act 1995 (Cth). |
| 26 | National Disability Insurance Agency | National Disability Insurance Agency (NDIA) employees at the APS4 – EL2 level, Compliance and Fraud Branch. | For the purpose of assisting the NDIA to ensure the integrity of the National Disability Insurance Scheme and for the protection of public revenue. |
Schedule C — Repeals
Access to Movement Records 2016/090 (F2018C00075)
1 The whole of the instrument
Repeal the instrument.
0
0
0