EXPLANATORY STATEMENT
Australian Citizenship Act 2007
INSTRUMENT OF AUTHORISATION
(Subsections 40(3), 40(4), 42(3) and 42(4))
- This Instrument is made under subsections 40(3), 40(4) and 42(3) of the Australian Citizenship Act 2007 (the Act). It revokes Instrument IMMI 11/089 (F2012L00558) made on 24 March 2012.
2. The purpose of the Instrument is twofold. One purpose is to authorise certain persons or classes of persons to request in writing, an applicant for Australian citizenship or a person who has sought to sit a citizenship test, to provide one or more specified personal identifiers. The other is to authorise certain persons or classes of persons to access identifying information necessary for the purposes of the Act.
3. The Instrument operates to include relevant officers from the Department of Human Services, together with course convenors who are employed by Adult Migrant English Program (AMEP), within the authorisation of certain classes of person occupying or performing the duties of specified positions to request in writing an applicant for Australian citizenship to provide one or more specified personal identifiers in support of their application.
4. The Instrument also authorises certain persons or classes of persons to access any kind of identifying information for any one or more of the following purposes:
- assisting in the identification of, or to authenticate the identity of an applicant for Australian citizenship;
- combating document and identity fraud in citizenship matters;
- disclosing identifying information in accordance with Division 5 in Part 2 of the Act;
- administering or managing the storage of identifying information;
- making identifying information available to the applicant to whom it relates;
- modifying identifying information to enable it to be matched with other identifying information;
- modifying identifying information for correction of errors or to ensure compliance with appropriate standards;
- complying with Australian laws; and
- for purposes of the Act or the Migration Act 1958 or the regulations made under those Acts.
5. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature.
6. Under section 42 of the Legislative Instruments Act 2003 the Instrument is subject to disallowance and therefore a Statement of Compatibility with Human Rights has been provided.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Ref 16866).
8. The Instrument, IMMI 15/063, commences on 1 July 2015.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
IMMI 15/063
This instrument is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Instrument
The Instrument revokes instrument IMMI11/089, which delegated powers of the Minister for Immigration and Border Protection concerning collection of identifying information and authorised persons and classes of persons under certain provisions of the Australian Citizenship Act 2007 (Citizenship Act). The Instrument is made in place of revoked instrument IMMI11/089 and authorises, for the purposes of subsections 40(3), 40(4) and 42(3) of the Citizenship Act, certain persons to request one or more personal identifiers from an applicant for Australian citizenship, or a person who has sought to sit a citizenship test.
Like revoked instrument IMMI11/089, the persons authorised to request personal identifiers in the Instrument include relevant officers from the Department of Human Services, course convenors who are employed by the Adult Migrant English Program and persons occupying positions in the Department of Immigration and Border Protection that are specified in the Instrument. The main difference between revoked instrument IMMI11/089 and the current Instrument is that this Instrument authorises persons working in overseas positions by reference to a description of their position, rather than their position number.
Human rights implications
As the instrument merely specifies persons and positions authorised to request identifying information, collection of which is authorised under subsections 40(3), 40(4) and 42(3) of the Citizenship Act, it does not engage any of the applicable rights and freedoms contained in the seven core international human rights treaties.
Conclusion
The Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Peter Dutton, Minister for Immigration and Border Protection
Overview
The Australian Citizenship Act 2007 was enacted to address the need for a streamlined and efficient process for acquiring Australian citizenship. This Act consolidates and modernises the citizenship laws, providing a clear and accessible framework for citizenship applications and requirements. The legislation was introduced by the Australian Parliament to ensure that the citizenship process is fair, rigorous, and consistent with Australia's values and commitments under international law. One of the key policy objectives of the Act is to facilitate the integration of migrants into Australian society while maintaining the integrity of the citizenship process. The explanatory statement accompanying the Act highlights the importance of protecting the rights and freedoms of individuals, ensuring that the process respects human rights and freedoms as recognised in international human rights treaties.
Scope and Application
The Australian Citizenship Act 2007 Instrument of Authorisation serves to define and authorise specific roles and responsibilities in the collection and use of personal identifiers in the context of Australian citizenship applications. It applies to relevant officers within the Department of Human Services, course convenors employed by the Adult Migrant English Program, and personnel in specified positions within the Department of Immigration and Border Protection. This authorisation encompasses requesting personal identifiers from applicants for Australian citizenship or those who have sought to sit a citizenship test, as well as accessing identifying information for various purposes such as identity authentication, combating fraud, and complying with Australian laws. The Instrument operates on a national level, reflecting its Commonwealth jurisdiction, and it includes provisions for overseas positions, differentiating from its predecessor by authorising individuals based on their role descriptions rather than specific position numbers. The Instrument does not establish any exclusions, exemptions, or specific thresholds but rather operates under the broader legal framework provided by the Australian Citizenship Act 2007 and related legislation. It is designed to be of a minor or machinery nature, hence consultation was not deemed necessary, and it is subject to disallowance, with a Statement of Compatibility with Human Rights provided to ensure alignment with international human rights obligations.
Key Provisions
The Instrument (IMMI 15/063) made under the Australian Citizenship Act 2007 authorises certain individuals and classes of persons to request personal identifiers from applicants for Australian citizenship or those who have sought to sit a citizenship test. These identifiers can include documents or information necessary for the application process. The Instrument operates to include relevant officers from the Department of Human Services and course convenors employed by the Adult Migrant English Program (AMEP) who are authorised to request these identifiers in support of a citizenship application. Additionally, the Instrument grants authorisation to access identifying information for various purposes, such as assisting in the identification and authentication of applicants, combating identity fraud, and complying with Australian laws.
The obligations imposed by this Instrument require authorised persons to act within the bounds of their authorisation, ensuring that any request for personal identifiers or access to identifying information is made in accordance with the provisions of the Australian Citizenship Act 2007. Authorised persons must ensure that the information they request or access is used solely for the purposes outlined in the Act, and they must adhere to any relevant privacy and data protection laws. Furthermore, the Instrument mandates that all identifying information must be stored securely and managed appropriately to prevent unauthorised access or misuse.
Breaches of the obligations set out in the Instrument may result in various consequences. For instance, unauthorised access to personal identifiers or identifying information could lead to civil or criminal penalties, depending on the nature and extent of the breach. While the specific penalties are not detailed in the explanatory statement, breaches of similar nature under the Australian Citizenship Act 2007 or related legislation could result in significant fines or imprisonment. Authorised persons who misuse their powers or fail to comply with the requirements of the Instrument may face disciplinary action, including potential termination of employment or disqualification from future authorisation. It is crucial for authorised persons to understand and comply with their obligations to avoid these potential consequences.