Migration Regulations 1994 Specification under regulation 3.10A Access to Movement Records December 2011 (Cth)
Commonwealth of Australia
Migration Regulations 1994
ACCESS TO MOVEMENT RECORDS
(REGULATION 3.10A)
I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under regulation 3.10A of the Migration Regulations 1994 (‘the Regulations’):
1.REVOKE Instrument number IMMI 10/062 signed by the Minister on 20 October 2010 specifying legislation, agencies, employees and purposes, for the purposes of regulation 3.10A of the Regulations;
2.SPECIFY, for subregulation 3.10A(1) of the Regulations, the Commonwealth, State or Territory legislation set out in Schedule A to this Instrument;
3.SPECIFY, for paragraph 3.10A(2)(a) of the Regulations, the agencies set out in column 2 of Schedule B to this Instrument;
4.SPECIFY, for paragraph 3.10A(2)(c) of the Regulations, the purposes set out in column 4 of Schedule B to this Instrument; AND
5.SPECIFY, for paragraph 3.10A(2)(b) of the Regulations, the employees holding, or for the time being occupying and performing the duties of, a position number, position title or position within a class of persons listed in column 3 of Schedule B to this Instrument and who are employed by agencies listed in column 2 of Schedule B to this Instrument, who are engaged in functions related to the purposes specified in column 4 of Schedule B to this Instrument.
This Instrument, IMMI 11/049, commences on the day after signature.
Dated 1 December 2011
Chris Bowen
Minister for Immigration and Citizenship
[NOTE 1: Subregulation 3.10A(1) of the Regulations provides that, for subparagraph 488(2)(a)(vii) of the Migration Act 1958 (‘the Act’), Commonwealth, State or Territory legislation specified by the Minister in an instrument in writing is prescribed.
NOTE 2: Paragraph 3.10A(2)(a) of the Regulations provides that, for paragraph 488(2)(g) of the Act, an agency of the Commonwealth, a State or a Territory specified by the Minister in an instrument in writing is prescribed.
NOTE 3: Paragraph 3.10A(2)(b) of the Regulations provides that, for paragraph 488(2)(g) of the Act, an employee of a prescribed agency who is specified by the Minister in an instrument in writing is prescribed.
NOTE 4: Paragraph 3.10A(2)(c) of the Regulations provides that, for paragraph 488(2)(g) of the Act, a purpose specified by the Minister in an instrument in writing is prescribed.
NOTE 5: Subsection 488(1) of the Act provides that a person must not read, examine, reproduce, use or disclose any part of movement records otherwise than in accordance with an authority given under subsection 488(2). Subsection 488(2) of the Act provides that the Minister may authorise an officer to perform one or more of the actions prohibited by subsection 488(1).
NOTE 6: Specifically, subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer to perform one or more of the actions for the purposes of prescribed Commonwealth, State or Territory legislation. Paragraph 488(2)(g) of the Act permits the Minister to authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory, to perform one or more of those actions for prescribed purposes.]
SCHEDULE A
| Legislation |
| A New Tax System (Australian Business Number) Act 1999 (Cth) Child Support (Registration & Collection) Act 1988 (Cth) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Regulation 2000 (NSW) |
SCHEDULE B
| Column 1 Item No. | Column 2 Agency | Column 3 Position Numbers/Position Title | Column 4 Purpose |
| 1 | Department of Veterans’ Affairs | APS6 Team Leader, Data Matching Investigations Unit; Assistant Director, Compliance and Review; Director, Compliance and Review; Director, Income Support Systems; and Income Support Systems Technical Support Officer. | For the purpose of verification of immigration status and residence status for the assessment and verification of eligibility and entitlements to benefits payments. |
| 2 | Civil Aviation Safety Authority (CASA) | 1251, 1283, 1284, 1300, 1322, 1328, 1329, 1330, 1331, 1332, 1357, 1764, 1775, 1776, 1788, 1810, 2136, 9357, 9370. | For the purpose of verification of immigration status and residence. For movement status into and out of Australia. |
| 3 | Department of Infrastructure and Transport | Security Identification Team | For the purpose of verifying status of applicants for aviation security identification card checks and maritime security identity card checks. |
| 4 | Department of Human Services | An employee at an APS level 3 and higher, Operations Division - Child Support Program An employee at APS level 4 and higher, Aged Care Program and International Branch An employee at APS level 2 and higher, International Services An employee at APS level 4 and higher, Business Integrity Division An employee at APS level 4 and higher, International Review Team in Customer Compliance Branch An employee at APS level 4 and higher, Intelligence Section An employee at APS level 4 and higher, Intelligence Analysis Unit An employee at APS level 3 and higher, Immigration Datamatching Team An employee at APS level 3 and higher, Multicultural Services Branch - Assurance of Support Team All staff with the responsibility for processing Family payments and services, and providing assistance with claim forms, Families and Child Care International Claims Team | For the purpose of verification of immigration status and residence status for determination of eligibility assessments for child support; and to give effect to Australia’s international obligations in relation to reciprocal enforcement of child support; and to enforce child support liabilities. For the purpose of verification of immigration status and residence status for determination of eligibility and entitlements for certain Social Security and Family Assistance payments; identification and prevention of overpayments and to ensure accuracy of claimant data. |
5 Australian Taxation Office Assistant Director, Excise, Risk & Intelligence
Assistant Director, Serious Non-Compliance, Operations
Auditor, Serious Non-ComplianceAuditor, Large Business & Internationals, Offshore Compliance Program
Auditor, Micro Enterprise & Individuals, Micro Active Compliance
Auditor, Small & Medium Enterprises, Internationals
Business Leader, Client Account Services, Client Register Business Analyst, Client Account Services, Client Register Assistant Director, Serious Non-Compliance, Intelligence
Business Manager, Goods and Services Tax, Micro
Business Support, Goods and Services Tax, Micro
Case Leader, Micro Enterprise & Individuals, Micro Active Compliance
Case Officer, Goods and Services Tax, Cash Economy
Case Profiler, Goods and Services Tax, Complex Audit
Case Profiler, Large Business & Internationals, Offshore Compliance Program
Case Profiling Manager, Goods and Services Tax, Complex Audit
Client Identification Analyst, Small & Medium Enterprises
Client Officer, Client Account Services, Unclaimed Super Money
Data Analyst, Micro Enterprise & Individuals, Risk & Information Management Services
Data Analyst, Small & Medium Enterprises
Data Integrity/Information Collection Officer, Small & Medium Enterprises
Director, Goods and Services Tax, Complex Audit
Fraud Manager, Goods and Services Tax, Refund Integrity (Risk & Strategy)
Fraud Profiler, Goods and Services Tax, Refund Integrity (Risk & Strategy)
HWI Auditor, Small & Medium Enterprises, Active Compliance
HWI Identification Analyst, Small & Medium Enterprises
Intelligence Analyst, Aggressive Tax Planning, Promoter Intelligence
Intelligence Analyst, Excise
Intelligence Analyst, Goods and Services Tax, Complex Audit
Intelligence Analyst, Large Business & Internationals, International Relations
Intelligence Analyst, Large Business & Internationals, Offshore Compliance Program
Intelligence Analyst, Micro Enterprise & Individuals, Active Compliance Individuals
Intelligence Analyst, Serious Non-Compliance
Intelligence Analyst, Superannuation
Investigator, Serious Non-ComplianceManager, Small & Medium Enterprises, Internationals
Phoenix Auditor, Small & Medium Enterprises, General Compliance
Pre-issue Fraud Case Officer, Medium Enterprise & Individuals, Active Compliance Individuals
Pre-issue Fraud Case Officer, Micro Enterprise & Individuals, Active Compliance Individuals
Risk & Intelligence Analyst, Micro Enterprise & Individuals, Risk & Information Management Services
Search Officer, Debt
Technical Advisor, Client Account Services, Client Register
Tracing Officer, Tax Practitioner and Lodgment Strategy, Projects
For the purpose of identifying false identities and inaccurate records, and to improve the accuracy of information held by government to reduce identity theft; and for the purpose of determining eligibility and entitlements for certain Taxation payments, to ensure accuracy of claimant data and assist in the location of individuals. 6 Office of State Revenue, NSW Treasury Assistant Client Service Officer , Client Services - Claims and Grants
Assistant Compliance Officer , Compliance Audit - First Home Benefits
Chief Operating Officer , Operations Division
Client Service Officer , Client Services - Claims and Grants
Compliance Manager , Compliance Audit - First Home Benefits
Compliance Officer , Compliance Audit - First Home Benefits
Departmental Professional Officer, Compliance Audit - First Home Benefits
Deputy Director Operations , Operations Division
Manager Claims and Grants, Client Services Claims and Grants
Manager, Analytics Branch
Research and Business Analyst, Analytics Branch
Senior Client Service Officer , Client Services - Claims and Grants
Senior Compliance Officer , Compliance Audit - First Home Benefits
Senior Research and Business Analyst, Analytics Branch
Team Leader Claims and Grants , Client Services - Claims and GrantsFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme; and to assist in the investigation and determination of taxation liabilities. 7 The State Revenue Office, Victorian Department of Treasury and Finance Manager , Investigations Branch For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme 8 Office of State Revenue, Queensland Treasury Manager, Land Tax
Revenue Officer, Land Tax
Senior Revenue Officer, Land TaxFor the purpose of verification of immigration status and residence status for assessment of eligibility for land tax and entitlements under the First Home Owner Grant Scheme; and to assist in the investigation and determination of taxation and duties liabilities. 9 Tasmanian State Revenue Office, Department of Treasury and Finance Assistant Commissioner, Compliance
Manager, InvestigationsFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme 10 Office of State Revenue, Department of Treasury and Finance of Western Australia Director Compliance
Manager Investigations
Principal Compliance OfficerFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme and for purposes of any requirement under the Taxation Administration Act2003. 11 Revenue SA, Department of Treasury and Finance Assistant Commissioner, State Taxation
Principal Compliance Officer
Principal Debt Management OfficerFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme 12 Territory Revenue Management, Northern Territory Treasury Assistant Director, Compliance For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme. 13 Australian Capital Territory Revenue Office, Department of Treasury Assistant Manager, Compliance
Manager, ComplianceFor the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme 14 Attorney-General’s Department Assistant Secretary, International Crime Cooperation Branch
Legal Officer, Offender Justice and Management section
Principal Legal Officer, Offender Justice and Management section
Project Officer, Offender Justice and Management section
Senior Legal Officer, Offender Justice and Management sectionCase Officer, Extradition Unit
Director, Extradition Unit
Graduate, Extradition Unit
Legal Officer, Extradition Unit
Principal Legal Officer, Extradition Unit
Senior Legal Officer, Extradition UnitAssistant Secretary, Mutual Assistance and Extradition Branch;
Case Officer, Mutual Assistance Section
Director, Mutual Assistance Section
Graduate, Mutual Assistance Section
Legal Officer, Mutual Assistance Section
Principal Legal Officer, Mutual Assistance Section
Senior Legal Officer, Mutual Assistance SectionAssistant Secretary, Family Law Branch
Case Officer, International Family Law Section
Director, International Family Law Section
Executive Level 1, International Family Law Section
Legal Officer, International Family Law Section
Principle Legal Officer, International Family Law Section
Senior Legal Officer, International Family Law SectionFor the purpose of processing applications by prisoners for international transfer in accordance with the Extradition Act 1988.
For the purpose of processing applications in connection with potential or actual extradition requests from Australia to another country or from another country to Australia.
For the purposes of making or responding to mutual assistance requests made under the Mutual Assistance in Criminal Matters Act 1987.
For the purpose of exercising child protection measures and assisting to combat child abduction.
15 State Debt Recovery Office,
Office State Revenue NSW TreasuryAssistant Director, Client Services
Assistant Director, Operations
Manager, Adjudication & Compliance
Manager, Fines Debt
Manager, Fines Priority Debt
Manager, Fines Reconciliation
Senior Manager, Business Relationships & DevelopmentFor the purpose of assisting in the investigation, prosecution and enforcement of fines and penalties including the location of individuals falsely nominated for demerit point driving offences. 16 Department of Defence Assistant Director Compliance
Assistant Director Oversight
Compliance Officer Capability
Compliance Officer ReportingDirector Compliance and Oversight
Principle Compliance Officer Capability
Principle Compliance Officer Oversight
Principle Compliance Officer Reporting
Senior Compliance Officer Capability
Senior Compliance Officer OversightSenior Compliance Officer Reporting
For the purposes of verifying a person’s nationality to determine whether Ministerial authorization is required for performance of activities specified in the Intelligence Services Act 2001. 17 Department of Foreign Affairs and Trade (Passports)
Consular Officers – Canberra
Consular Officer, Passports, London
Consular Officer, Passports, Washington
Director, Passports/Consular, Washington
Eligibility Officer, Passports, Adelaide
Eligibility Officer, Passports, Brisbane
Eligibility Officer, Passports, Canberra
Eligibility Officer, Passports, Darwin
Eligibility Officer, Passports, London
Eligibility Officer, Passports, Melbourne
Eligibility Officer, Passports, Newcastle
Eligibility Officer, Passports, Perth
Eligibility Officer, Passports, Sydney
Eligibility Officer, Passports, Hobart
Fraud Officer, Passports, Brisbane
Fraud Officer, Passports, Canberra
Fraud Officer, Passports, Melbourne
Fraud Officer, Passports, Perth
Fraud Officer, Passports, Sydney
Manager, Passports, Adelaide
Manager, Passports, Brisbane
Manager, Passports, Canberra
Manager, Passports, Darwin
Manager, Passports, Hobart
Manager, Passports, London
Manager, Passports, Melbourne
Manager, Passports, Newcastle
Manager, Passports, Perth
Manager, Passports, Sydney
Manager, Passports, Washington
Officers, Consular Emergency Centre (CEC),
Canberra
Officers, Passport Operations Section (POS) –
Canberra
Policy Officers, Passports, Canberra
Regional Director, Passports, Brisbane
Regional Director, Passports, Canberra
Regional Director, Passports, Melbourne
Regional Director, Passports, SydneyFor the purpose of issuing and administering passports under the Australian Passports Act 2005. 18 AusCheck, Attorney-General’s Department Assessor, 2501509
Assessor, 2501510
Assessor, 2501511
Assessor, 2501512
Assessor, 2501513
Assessor, 2501514
Processing Officer, 2501508
Processing Supervisor, 2501506
Processing Supervisor, 2501507For the purpose of administering AusCheck Act 2007 to carry out background checks of individuals for the purposes of the Aviation Transport Security Act 2004 or regulations made under that Act and the Maritime Transport and Offshore Facilities Act 2003 or regulations made under that Act. 19 Australian Security Intelligence Organisation Assessor For the purposes of the functions of section 17 of the Australian Security Intelligence Organisation Act 1979. 20 Department of Human Services, New South Wales Director, Adoption and Permanent Care Services
Director, Child and Family
Director, Legal Services
Manager, Casework
Manager, Client Services
Regional DirectorFor the purpose of fulfilling statutory obligations in relation to the protection of children and young people, children who are the subject of adoption applications and as the delegated guardian of non citizen children present in NSW. 21 Department of Immigration and Citizenship APEC Business Travel Card Assessors
Ongoing Immigration Reporting AnalystsFor the purpose of integrated management reporting and analysis under the Migration Act 1958 and assessing an Australian applicant’s eligibility for the APEC Business Travel Card which is administered by DIAC.
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