Overview

The Migration Regulations 1994, enacted by the Parliament of Australia, was introduced to provide a comprehensive regulatory framework for the administration of the Migration Act 1958, including provisions for the disclosure of information to prescribed international organisations. The "Disclosure of Information to Prescribed International Organisations 2016/068" Instrument, made under regulation 5.34E of the Migration Regulations 1994, serves to renew the authorisation for the disclosure of information to specified international entities, ensuring that the administrative processes continue without interruption after the previous Instrument's automatic repeal due to sunsetting. This Instrument, which is substantively identical to its predecessor, commences on 1 April 2016, and its creation follows the Office of Best Practice Regulation's advice that consultation was not necessary due to its minor nature, and a Regulatory Impact Statement was deemed unnecessary. The Instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and therefore, a Statement of Compatibility with Human Rights is not required.

Scope and Application

The Migration Regulations 1994 Disclosure of Information to Prescribed International Organisations 2016/068 (Instrument IMMI 16/068) applies to the disclosure of information to specified international organisations as outlined within the Instrument. This regulation is made under section 5.34E of the Migration Regulations 1994 and is designed to ensure the continuation of administrative processes that were automatically repealed due to sunsetting on 1 April 2016. The Instrument authorises the disclosure of information to the prescribed international organisations listed within it, and its purpose is to effectively remake the previous Instrument that was repealed. The scope of this regulation includes the Commonwealth jurisdiction, and it applies to entities or persons involved in administrative processes that require the disclosure of information to international organisations. The Instrument does not apply to any other entities or conduct outside the scope of these disclosures. Given its nature, the Instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. The Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not necessary, and consultation was not deemed necessary due to the minor and machinery nature of the Instrument.

Key Provisions

The primary operative sections of the Migration Regulations 1994 Disclosure of Information to Prescribed International Organisations 2016/068 (Instrument IMMI 16/068) are sections 10 and 15J, which outline the authority to disclose information to specific international organisations. Section 10 stipulates that the Instrument is exempt from disallowance, meaning it does not require parliamentary approval to become effective, while section 15J indicates that no consultation was necessary because the Instrument is considered minor and does not substantially alter existing arrangements. This Instrument, which authorises the disclosure of information to prescribed international organisations, is made under regulation 5.34E of the Migration Regulations 1994. The obligations and requirements imposed by this Instrument on the parties or entities it governs are primarily administrative and procedural. The key obligation is the disclosure of information to the prescribed international organisations listed in the Instrument, ensuring that the migration authorities can share necessary information with these entities for the purposes of international cooperation and compliance with migration laws. This requirement is designed to facilitate the smooth operation of migration processes and compliance with international obligations. The Instrument does not create specific offences, penalties, or consequences for breach as it is a regulatory tool that primarily facilitates administrative processes. However, any breach of the regulations governing the disclosure of information to these organisations could lead to consequences under the broader Migration Act 1958. For instance, if the disclosure of information results in non-compliance with the Act, there could be associated penalties for the migration authorities or individuals responsible for the breach, such as fines or other administrative sanctions. Overall, the Instrument ensures that the disclosure of information to prescribed international organisations is conducted in a manner consistent with the objectives of the Migration Regulations 1994, thereby maintaining the integrity and efficiency of Australia's migration processes.