Migration Regulations 1994 Specification of Access to Movement Records 2016/052 IMMI 16/052 (Cth)
Commonwealth of Australia
Migration Regulations 1994
ACCESS TO MOVEMENT RECORDS 2016/052
(Regulation 3.10A)
I, MARK ANTILL, Delegate of the Minister for Immigration and Border Protection, acting under regulation 3.10A or the Migration Regulations 1994 (the Regulations):
REVOKE Instrument IMMI 15/098 (F2015L01061), Access to Movement Records 2015, signed on 25 June 2015; and
SPECIFY, for subregulation 3.10A(1) of the Regulations, the prescribed Commonwealth, State or Territory legislation, set out in Column 3 of Schedule A to this Instrument; and
SPECIFY, for paragraph 3.10A(2)(a) of the Regulations, the prescribed agencies of the Commonwealth, State or Territory, set out in Column 2 of Schedule A to this Instrument; and
SPECIFY, for paragraph 3.10A(2)(c) of the Regulations, the prescribed specified purposes set out in column 5 of Schedule A to this Instrument; and
SPECIFY, for paragraph 3.10A(2)(b) of the Regulations, an employee:
a.holding, or occupying, or performing the duties of, the class of persons listed in Column 4 of Schedule A to this Instrument; and
b.who is employed by a prescribed agency listed in Column 2 of Schedule A to this Instrument; and
c.who is engaged in functions related to the prescribed purposes specified in column 5 of Schedule A to this Instrument.
This Instrument Access to Movement Records 2016/052, IMMI 16/052, commences the day after Registration on the Federal Register of Legislation.
Dated: 6 May 2016
Mark Antill
MARK ANTILL
Delegate of the Minister for Immigration and Border Protection
| COLUMN 1 ITEM No. | COLUMN 2 Prescribed Agencies | COLUMN 3 Prescribed Commonwealth or State or Territory Legislation | COLUMN 4 Prescribed Employees | COLUMN 5 Prescribed Purpose/s |
| Department of Immigration and Border Protection | Australian Border Force Act 2015 (Cth) Australian Citizenship Act 2007 (Cth) | 1. All Department of Immigration and Border Protection (DIBP) ongoing and non-ongoing officers, contractors, Information Technology (IT) contractors and IT reporting analysts carrying out their official duties or performing official functions and the access is required to enable proper or efficient performance of their duties or functions. 2. All DIBP ongoing or non-ongoing officers or contractors required to assist the Department of Foreign Affairs and Trade in the provision of movement records for consular functions or activities during international event situations. | For the purpose of carrying out their official duties and performing their official functions including, but not limited to, assessing an individual’s eligibility for the APEC travel card, integrated management reporting, performing border-related functions and assisting with consular enquiries and activities. | |
| Administrative Appeals Tribunal | Administrative Appeals Tribunal Act 1975 (Cth) | All Administrative Appeals Tribunal (AAT) employees carrying out their official duties or performing official functions in relation to the AAT’s Migration and Refugee Division and the access is required to enable proper or efficient performance of their duties or functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration history; or - residence status; or - movement status; or - work rights; or - study rights of individuals. | |
| Attorney-General’s Department | Confiscation Act 1997 (Vic) Confiscation of Criminal Assets Act 2003 (ACT) | All Attorney-General’s Department (AGD) employees carrying out their official duties or performing official functions and the access is required to assist AGD in the performance of its statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions including fulfilling Australia’s international obligations under a range of multilateral and bilateral treaties, requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Attorney-General’s Department, AusCheck | AusCheck Act 2007 (Cth) AusCheck Regulations 2007 (Cth) | Employees of AusCheck, a Branch of the Attorney-General’s Department, carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status; or - work rights of individuals. | |
| Attorney-General’s Department of South Australia, Fines Enforcement and Recovery Unit | Criminal Law (Sentencing) Act 1988 (SA) Expiation of Offences Act 1996 (SA) | Employees of the Fines Enforcement and Recovery Unit (FERU) of the Attorney-General’s Department of South Australia carrying out their official duties or performing official functions and the access is required to assist the Fines Enforcement and Recovery Unit (FERU) 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: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Bureau of Statistics | Australian Bureau of Statistics Act 1975 (Cth) Census and Statistics Act 1905 (Cth) | Employees of the Australian Bureau of Statistics (ABS) carrying out their official duties or performing official functions and the access is required to assist the ABS in the performance of its statutory duties and associated functions relating to the production of statistical reports. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - work status; or - movement status of individuals, as required to produce statistical reports. | |
| Australian Capital Territory Revenue Office, Chief Minister, Treasury and Economic Development Directorate | First Home Owner Grant Act 2000 (ACT) Taxation Administration Act 1999 (ACT) | Employees of the Australian Capital Territory Revenue Office, Chief Minister, Treasury and Economic Development Directorate carrying out their official duties or performing official functions and the information is required to assist in the performance of the Directorate’s statutory duties and associated compliance functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Crime Commission | Australian Crime Commission Act 2002 (Cth) Criminal Code Act 1995 (Cth) | Employees of the Australian Crime Commission (ACC) carrying out their official duties or performing official functions and the access is required to assist ACC 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: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Federal Police | Australian Federal Police Act 1979 (Cth) Crimes Act 1914 (Cth) | All Australian Federal Police (AFP) appointees, requiring access in order to carry out official duties or perform official functions. | For the purpose of the performance of any of the official functions of the Australian Federal Police under section 8 of the Australian Federal Police Act 1979, to the extent that information as to the: - identification; or - Immigration status; or - residence status; or - movement status of individuals is required to facilitate the performance of those functions. | |
| Australian Financial Security Authority | Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) | Employees of the Australian Financial Security Authority carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Human Rights Commission | Australian Human Rights Commission Act 1986 (Cth) | Employees of the Australian Human Rights Commission carrying out their statutory functions or exercising the Commission’s powers and the information is required to assist in the performance of the Commission’s powers and functions. | For the purpose of carrying out their official duties, performing their statutory functions, or exercising any power conferred on the Commission or a member of the Commission requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Secret Intelligence Service | Intelligence Services Act 2001 (Cth) | Employees of the Australian Secret Intelligence Service carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Securities and Investments Commission | Australian Securities and Investments Commission Act 2001 (Cth) Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cth) | Members and staff members of the Australian Securities and Investments Commission (ASIC) carrying out ASIC’s statutory functions or exercising ASIC’s powers and the information is required to assist in the performance of ASIC’s powers and functions. | For purposes connected with, or reasonably incidental to, the performance of one or more of their statutory functions, or exercising any power conferred on ASIC requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Australian Security Intelligence Organisation | Australian Security Intelligence Organisation Act 1979 (Cth) | All Australian Security Intelligence Organisation (ASIO) employees and affiliates as defined in Section 4 of the Australian Security Intelligence Organisation Act (Cth) carrying out their official duties or performing official functions and the access is required to assist ASIO in the performance of its statutory duties and associated functions. | For the purpose of carrying out the official functions of the Australian Security Intelligence Organisation. | |
| Australian Taxation Office | A New Tax System (Australian Business Number) Act 1999 (Cth) A New Tax System (Goods and Services Tax) Act 1999 (Cth) | All Australian Taxation Office (ATO) employees carrying out their official duties or performing official functions and the access is required to assist ATO 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: - Identification; or - Immigration status; or - residence status; or - work status; or - movement status of individuals. | |
| Civil Aviation Safety Authority | Aviation Transport Security Act 2004 (Cth) | Employees of the Civil Aviation Safety Authority carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status; or - work rights of individuals. | |
| Comcare | Criminal Code Act 1995 (Cth) Safety Rehabilitation and Compensation Act 1988 (Cth) | Employees of Comcare carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions of Compliance investigation. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Commonwealth Ombudsman | Ombudsman Act 1976 (Cth) | Employees of the Commonwealth Ombudsman carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Agriculture and Water Resources | Criminal Code Act 1995 (Cth) Export Control Act 1982 (Cth) | All Department of Agriculture and Water Resources (DAWR) s carrying out their official duties or performing official functions and the access is required to enable proper or efficient performance of their statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Corrective Services, Western Australia | Bail Act 1982 (WA) Prisons Act 1981 (WA) | Employees of the Department of Corrective Services, Western Australia (DCS WA), carrying out their official duties or performing official functions and the access is required to assist DCS WA 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 status of individuals. | |
| Department of Defence, Australian Signals Directorate | Intelligence Services Act 2001 (Cth) | All Australian Signals Directorate (ASD) staff members as defined in the Intelligence Services Act 2001 (Cth) 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 carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Education and Training | Education Services for Overseas Students Act 2000 (Cth) Immigration (Education) Act 1971 (Cth) | Employees of the Department of Education and Training (DET) carrying out their official duties or performing official functions and the access is required to assist DET 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: - Immigration status; or - residence status; or - movement status; or - work rights; or - study rights of individuals. | |
| Department of Family and Community Services, New South Wales | Adoption Act 2000 (NSW) Adoption Regulations 2003 (NSW) | Employees of the Department of Family and Community Services, New South Wales carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated/ functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Foreign Affairs and Trade | Australian Passports Act 2005 (Cth) | All Department of Foreign Affairs and Trade (DFAT) employees carrying out their official protocol, passport or consular duties, duties or performing official any associated functions, and the access is required to assist DFAT in the performance of these duties and functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Health | Dental Benefits Act 2008 Health Insurance Act 1973 | Employees of the Department of Health carrying out their official duties or performing official functions and the access is required to assist the Department of Health 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: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Human Services | A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) A New Tax System (Family Assistance) Act 1999 (Cth) | All Department of Human Services (DHS) employees carrying out their official duties or performing official functions and the access is required to assist DHS 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: - Immigration status; or - residence status; or - movement status of individuals. | |
| Department of Social Services | Migration Act 1958 (Cth) | 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: - Immigration status; or - residence status; or - movement status; or - work rights; or - study rights of individuals. | |
| Department of Veterans’ Affairs | Veterans’ Entitlements Act 1986 (Cth) | Employees of the Department of Veterans’ Affairs carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status; or - identification of individuals. | |
| Fair Work Ombudsman | Australian Border Force Act 2015 (Cth) Australian Citizenship Act 2007 (Cth) | Employees of the Fair Work Ombudsman (FWO) carrying out their official duties or performing official functions and the access is required to assist FWO 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: - Immigration status; or - residence status; or - movement status; or - work rights of individuals. | |
| National Archives of Australia | Archives Act 1983 (Cth) | Employees of the National Archives of Australia (NAA) carrying out their official duties or performing official functions and the information is required to assist in the performance of the NAA’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| New South Wales Office of State Revenue | Crimes Act 1900 (NSW) Duties Act 1997 (NSW) | Employees of the New South Wales Office of State Revenue carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Office of State Revenue, Department of Finance Western Australia | First Home Owner Grant Act 2000 (WA) Taxation Administration Act 2003 (WA) | Employees of the Office of State Revenue, Department of Finance Western Australia carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Office of State Revenue, Queensland Treasury | Building Boost Grant Act 2011 (QLD) First Home Owner Grant Act 2000 (QLD) | Employees of the Office of State Revenue, Queensland Treasury carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| RevenueSA, Department of Treasury and Finance | First Home and Housing Construction Grants Act 2000 (SA) Taxation Administration Act 1996 (SA) | Employees of RevenueSA, Department of Treasury and Finance carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Tasmanian State Revenue Office, Department of Treasury and Finance | Duties Act 2001 (TAS) First Home Owner Grant Act 2000 (TAS) | Employees of the Tasmanian State Revenue Office, Department of Treasury and Finance carrying out their official duties or performing official functions and the information is required to assist in the performance of the department’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Tax Practitioners Board | Tax Agent Services Act 2009 (Cth) | Employees of the Tax Practitioners Board carrying out their official duties or performing official functions and the information is required to assist in the performance of the Board’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Territory Revenue Office | First Home Owner Grant Act (NT) Taxation Administration Act (NT) | Employees of the Territory Revenue Office (TRO) carrying out their official duties or performing official functions and the information is required to assist in the performance of the TRO’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| The State Revenue Office, Victoria Department of Treasury and Finance | First Home Owner Grant Act 2000 (VIC) Taxation Administration Act 1997 (VIC) | Employees of the State Revenue Office, Victoria Department of Treasury and Finance, carrying out their official duties or performing official functions and the information is required to assist the Victoria State Revenue Office in the performance of the Office’s statutory duties and associated functions. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Victoria Police | Bail Act 1977 (VIC) Confiscation Act 1997 (VIC) | Sworn or unsworn officers of the Victoria Police (VIC POL) carrying out their official duties or performing official functions and the access is required to assist VIC POL in the performance of its statutory duties and associated functions of law enforcement. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. | |
| Western Australia Police | Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Criminal Code Act 1995 (Cth) | Sworn or unsworn officers of the Western Australia Police (WA POL) carrying out their official duties or performing official functions and the access is required to assist WA POL in the performance of its statutory duties and associated functions of law enforcement. | For the purpose of carrying out their official duties and performing their official functions requiring the: - Immigration status; or - residence status; or - movement status of individuals. |
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