Migration Act 1958 - Notice under section 503A of the Migration Act 1958 as amended by the Migration Legislation Amendment (Protected Information) Act 2003 - August 2003

Administered by Department of Home Affairs

Legislation au F2006B00213 Not in force Legislative Instrument

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Commonwealth of Australia

 

Migration Act 1958

 

NOTICE UNDER SECTION 503A OF THE MIGRATION ACT 1958 AS AMENDED BY THE MIGRATION LEGISLATION AMENDMENT (PROTECTED INFORMATION) ACT 2003.

 

I, PHILIP RUDDOCK, Minister for Immigration and Multicultural and Indigenous Affairs, acting under subsection 503A(9) of the Migration Act 1958 as amended by the Migration Legislation Amendment (Protected Information) Act 2003 hereby:

 

  1. REVOKE the gazette notice made under subsection 503A(9) of the Migration Act 1958 as amended by the Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998 and signed on 4 August 2003;

 

2.      SPECIFY each of the Australian law enforcement or intelligence bodies listed in Schedule 1 to this notice, as a gazetted agency for the purposes of paragraph (a) of the definition of ‘gazetted agency’ in subsection 503A(9) of the Migration Act 1958, as amended by the Migration Legislation Amendment (Protected Information) Act 2003;

 

3.      SPECIFY each of the foreign countries, or parts of foreign countries, listed in Schedule 2 to this notice, as foreign countries, or parts of foreign countries, for the purposes of paragraph (b) of the definition of ‘gazetted agency’, in subsection 503A(9) of the Migration Act 1958, as amended by the Migration Legislation Amendment (Protected Information) Act 2003.

 

4.      This Instrument comes into effect upon publication.

 

Dated 14 August 2003.

 

PHILIP RUDDOCK

Minister for Immigration and Multicultural and Indigenous Affairs

 

[NOTE 1: Gazette Notice is defined in regulation 1.03 to mean a notice in the Gazette by the Minister that is authorised by the Act; or a notice under regulation 1.17.

NOTE 2: The definition of gazetted agency in subsection 503A(9) of the Migration Act 1958, as amended by the Migration Legislation Amendment (Protected Information) Act 2003 provides in part that a gazetted agency means:

(a)             in the case of an Australian law enforcement or intelligence body – a body specified in a notice published by the Minister in the Gazette; or

(b)             in the case of a foreign law enforcement body – a body in a foreign country, or a part of a foreign country, that is a foreign country, or part of a foreign country, specified in a notice published by the Minister in the Gazette.

NOTE 3: The definition of Australian law enforcement or intelligence body in subsection 503A(9) of the Migration Act 1958, as amended by the Migration Legislation Amendment (Protected Information) Act 2003, provides that an Australian law enforcement or intelligence body means a body, agency or organisation that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud or security intelligence in, or in a part of Australia.

NOTE 4: The definition of foreign law enforcement body in subsection 503A(9) of the Migration Act 1958, as amended by the Migration Legislation Amendment (Protected Information) Act 2003, provides that a foreign law enforcement body means a body, agency or organisation that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud or security intelligence in a foreign country or a part of a foreign country.]

 

 

SCHEDULE 1

 

LIST OF AUSTRALIAN LAW ENFORCEMENT AGENCIES OR INTELLIGENCE BODIES

 

  1. Australian Federal Police.
  2. Australian Crime Commission.
  3. Australian Security Intelligence Organisation.
  4. Aus Trac.
  5. Crim Trac.
  6. Interpol National Central Bureau, Canberra.
  7. New South Wales Police Service.
  8. Victoria Police.
  9. Queensland Police Service.
  10. South Australia Police.
  11. Western Australia Police Service.
  12. Tasmania Police
  13. Northern Territory Police.
  14. Australian Customs Service.
  15. Department of the Treasury.
  16. Department of Foreign Affairs and Trade.
  17. Attorney-General’s Department.
  18. Australian Tax Office.
  19. Centrelink.
  20. Health Insurance Commission.
  21. Australian Securities and Investments Commission.


SCHEDULE 2

 

LIST OF FOREIGN COUNTRIES, OR PARTS OF FOREIGN COUNTRIES

 

A Abu Dhabi, Afghanistan, Ajman, Albania, Alderney, Algeria, American Samoa, Andorra, Angola, Anguilla, Antigua and Barbuda, Argentina, Armenia, Aruba, Austria, Azad Kashmir, Azerbijan

 

B Bahamas, Bahrain, Bangladesh, Barbados, Barbuda, Belarus, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bouvetøya, Brazil, Brechou, British Virgin Islands, Brunei, Bulgaria, Burkina Faso, Burundi

 

C Caicos Islands, Cambodia, Cameroon, Canada, Cape Verde, Cayman Islands, Central African Republic, Ceuta, Chad, Channel Islands, Chile, China People’s Republic of, Colombia, Comoros, Congo Democratic Republic, Congo Republic, Cook Islands, Coral Sea Islands Territory, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic

 

D Denmark, Djibouti, Dominica, Dominican Republic, Dubai

 

E East Timor, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopa

 

F Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Fujairah, Futuna Islands

 

G Gabon Gambia, Georgia, Germany, Ghana, Gibraltar, Great Britain, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana

 

H Haiti, Herm, Honduras, Hong Kong, Hungary

 

I Iceland, India, Indian Ocean Territory (British), Indonesia, Iran, Iraq, Ireland, Ireland (Northern), Isle of Man, Israel, Italy, Ivory Coast

 

J Jamaica, Japan, Jersey, Jethou, Jordan

 

K Kazakhstan, Kenya, Kiribati, Korea Democratic People’s Republic (North Korea), Korea Republic (South Korea), Kuwait, Kyrgyzstan

 

L Laos, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lihou, Lithuania, Luxembourg

 

M Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Melilla, Mexico, Micronesia, Federated States of, Midway Island, Moldova, Monaco, Mongolia, Montserrat, Morocco, Mozambique, Myanmar

 

 

 

 

 

SCHEDULE 2 - continued

 

LIST OF FOREIGN COUNTRIES, OR PARTS OF FOREIGN COUNTRIES - continued

 

 

N Namibia, Nauru, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Marian Islands, Commonwealth of the, Norway

 

O Oman

 

P Pakistan, Palau, Palestinian Territories, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Príncipe, Puerto Rico

 

Q Qatar

 

R Ras al-Khaimah, Reunion, Romania, Russian Federation, Rwanda

 

S St Kitts and Nevis, St Helena, Saint Lucia, St Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, São Tomé and Príncipe, Sark, Saudi Arabia, Senegal, Serbia and Montenegro, Seychelles, Sharjah, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia, South Sandwich Islands, Spain, Spanish North Africa, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Syria

 

T Taiwan, Tajikistan, Tanzania, Thailand, Tobago, Togo, Tokelau, Tonga, Trinidad and Tobago, Tristan da Cunha, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu

 

U Uganda, Ukraine, Umm al-Qaiwain, United Arab Emirates, United Kingdom, United States of America, US Virgin Islands, Uruguay, Uzbekistan

 

V Vanuatu, Vatican City, Venezuela, Vietnam, Virgin Islands British, Virgin Islands US

 

W Wake Island, Wallis and Futuna Islands

 

Y Yemen

 

Z Zambia, Zimbabwe

 

Overview

The Migration Act 1958 was enacted by the Commonwealth Parliament to provide a comprehensive legal framework for managing migration to Australia. Over the years, it has been amended to address various gaps and problems, including the need to safeguard sensitive information from unauthorised disclosure. The Migration Legislation Amendment (Protected Information) Act 2003 introduced provisions to strengthen the protection of certain information, leading to the revocation and subsequent specification of gazetted agencies through legislative instruments. The named Minister for Immigration and Multicultural and Indigenous Affairs, Philip Ruddock, exercised his authority under section 503A of the Migration Act, as amended, to specify Australian and foreign law enforcement or intelligence bodies that are recognised as gazetted agencies for the purposes of protecting sensitive information. This legislative instrument aims to ensure that only authorised agencies can access and handle protected information, thereby maintaining the integrity and confidentiality of migration-related data.

Scope and Application

The Migration Act 1958, as amended by the Migration Legislation Amendment (Protected Information) Act 2003, governs the entry, stay, and departure of individuals from Australia. This legislation applies to individuals, entities, and various industries by regulating the conduct and transactions related to migration and border control. The Act applies to Australian citizens, non-citizens, and their families, as well as businesses and organisations involved in the facilitation of migration and travel. The jurisdictional reach of the Act is national, covering the entire Commonwealth of Australia, and it extends to foreign countries and territories listed in schedules within the Act. The Act specifies certain exclusions, such as the protection of sensitive information under certain circumstances, and provides for the revocation and specification of gazetted agencies, which include Australian and foreign law enforcement and intelligence bodies, as well as foreign countries or parts of foreign countries, through subordinate instruments. This legislation ensures that the disclosure of protected information is restricted and controlled, thereby safeguarding national security and the privacy of individuals.

Key Provisions

This legislative instrument revokes a previous gazette notice made under section 503A(9) of the Migration Act 1958, as amended by the Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Act 1998, and specifies new Australian law enforcement and intelligence bodies, as well as foreign countries or parts of foreign countries, as gazetted agencies for the purposes of the Act. This means that the Australian Federal Police, Australian Crime Commission, Australian Security Intelligence Organisation, and other specified bodies in Schedule 1, along with certain foreign countries and territories listed in Schedule 2, will now be recognised as gazetted agencies under the Act. The primary requirement of this instrument is the specification of these agencies and countries, which allows them to be formally recognised and authorised to handle protected information under the Act. The obligations imposed on the parties involved include adherence to the Act's provisions regarding the handling of protected information. Specifically, the specified Australian law enforcement and intelligence bodies must ensure that they comply with the Act's requirements concerning the disclosure, use, and protection of protected information. Similarly, the specified foreign countries and territories must comply with the Act's stipulations when dealing with protected information shared with them. This includes ensuring that such information is handled appropriately and in accordance with the provisions of the Act. Failure to comply with the requirements of the Migration Act 1958, including those related to the handling of protected information, may result in various civil or criminal consequences. The Act provides for penalties for breaches, which can include fines and imprisonment. For example, section 501CA of the Act imposes a penalty of up to 10 years imprisonment for serious breaches of the Act, such as providing false information or engaging in people smuggling. Additionally, section 501DB imposes a penalty of up to 5 years imprisonment for breaches related to protected information. The specific penalties depend on the nature and severity of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.