EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration and Citizenship
Migration Regulations 1994
Migration (Disclosure of Information to Prescribed Bodies) Instrument 2025
The instrument, departmental reference LIN 25/075, is made under regulation 5.34D of the Migration Regulations 1994 (the Migration Regulations).
The instrument repeals IMMI 15/066 – Disclosure of Information to Prescribed Bodies 2015 (IMMI 15/066) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument. IMMI 15/066 would otherwise be repealed by sunsetting on 1 October 2025, by operation of section 50 of the Legislation Act 2003 (Legislation Act).
Purpose of the instrument
Paragraph 336F(1)(d) of the Migration Act 1958 (the Migration Act) provides that the Secretary or Australian Border Force Commissioner may, in writing, authorise a specified officer, or any officer included in a specified class of officers, to disclose identifying information of the kind specified in the authorisation to one or more prescribed bodies of a foreign country, of the Commonwealth or of a state or Territory.
Regulation 5.34D of the Migration Regulations provides that for the purpose of paragraph 336F(1)(d) of the Migration Act, a body of a foreign country, the Commonwealth, a state, or a Territory that is specified in a legislative instrument made by the Minister for this regulation is a prescribed body.
The purpose of this instrument is to specify the prescribed bodies to which authorised officers may disclose identifying information under regulation 5.34D of the Migration Regulations. The instrument updates the names of bodies that have been renamed since they were previously specified in IMMI 15/066, and removes the names of bodies that no longer exist today. The instrument does not make any substantive changes to IMMI 15/066, and does not specify any additional bodies.
The instrument also operates to repeal IMMI 15/066 (which otherwise would have sunset on 1 October 2025). Minor changes have been made to simplify and modernise the drafting of the instrument.
Parliamentary scrutiny and other matters
The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Part 5 of the Migration Regulations is prescribed under table item 20(b) of section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 as an instrument that is not subject to disallowance. A Statement of Compatibility with Human Rights is therefore not required.
The instrument commences on the day after it is registered on the Federal Register of Registration.
Further details of the instrument are set out in Attachment A.
No external consultation was undertaken or considered necessary and appropriate to undertake in relation to this instrument. As a sunsetting legislative instrument, the Department of Home Affairs has undertaken a review of IMMI 15/066 in line with the Attorney-General’s Department’s Guide to Managing Sunsetting of Legislative Instruments. No external consultation was viewed as being necessary because the instrument operates to maintain existing arrangements and the current settings and prescribed bodies are still considered to be necessary and appropriate to include in the instrument.
The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
ATTACHMENT A
Details of the Migration (Disclosure of Information to Prescribed Bodies) Instrument 2025
Section 1 – Name of Instrument
This section sets out the name of the instrument, which is the Migration (Disclosure of Information to Prescribed Bodies) Instrument 2025.
Section 2 – Commencement
This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that this instrument is made under regulation 5.34D of the Migration Regulations 1994 (the Migration Regulations).
Section 4 – Definitions
This section provides definitions for expressions used in the instrument.
Section 5 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Section 6 – Prescribed bodies for the disclosure of information
This section provides that, for the purposes of paragraph 336F(1)(d) of the Migration Act 1958 (the Migration Act) and under regulation 5.34D of the Migration Regulations, each body that is mentioned in the table in Schedule 1 to this instrument is specified as a prescribed body.
Schedule 1 – Prescribed bodies for the disclosure of information
Schedule 1 of the instrument contains a table that specifies the prescribed bodies of a foreign country, or the Commonwealth, or a State or Territory.
No substantive changes have been made to the list of bodies that were specified in IMMI 15/066 as prescribed bodies to which an authorised officer (as provided for in paragraph 336F(1)(d) of the Migration Act) can provide identifying information. Minor changes have been made to reflect the bodies that have been renamed, and to remove the names of bodies that no longer exist. The intention is otherwise to maintain the existing settings and arrangements provided for, consistent with IMMI 15/066.
Schedule 2 – Repeals
Item [1] – The whole of the instrument
This item, together with section 5 of the instrument, operates to repeal IMMI 15/066 – Disclosure of Information to Prescribed Bodies 2015. IMMI 15/066 was due to sunset on 1 October 2025 in accordance with subsection 50(1) of the Legislation Act.