EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration and Citizenship
Migration Regulations 1994
Migration (Disclosure of Information to Prescribed International Organisations) Instrument 2025
The instrument, departmental reference LIN 25/076, is made under regulation 5.34E of the Migration Regulations 1994 (the Migration Regulations).
The instrument repeals Disclosure of Information to Prescribed International Organisations 2016/068 (IMMI 16/068) 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 IMMI 16/068 would otherwise be repealed by sunsetting on 1 October 2026 by operation of section 50 of the Legislation Act 2003 (the Legislation Act).
Purpose of the instrument
Paragraph 336F(1)(e) 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 international organisations.
Regulation 5.34E of the Migration Regulations provides that for the purpose of paragraph 336F(1)(e) of the Migration Act, an organisation that is specified in a legislative instrument made by the Minister is a prescribed international organisation.
The purpose of this instrument is to specify the prescribed international organisations to which authorised officers may disclose identifying information under regulation 5.34E of the Migration Regulations. The instrument also operates to repeal IMMI 16/068 (which otherwise would have sunset on 1 October 2026).
The instrument omits two bodies that were included in IMMI 16/068, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia, both of which have now closed. The instrument includes one new body, the International Residual Mechanism for Criminal Tribunals, which has assumed the functions and the residual work of the two previous tribunals. The inclusion of the International Residual Mechanism for Criminal Tribunals enables continued information‑sharing relating to the genocide and other serious violations of international humanitarian law in Rwanda and to war crimes in the former Yugoslavia.
The other bodies are unchanged from IMMI 16/068. Minor changes have also been made to simplify and modernise the drafting of the instrument. The instrument lists the following international organisations:
- International Committee of the Red Cross;
- International Federation of the Red Cross and Red Crescent Societies;
- International Monetary Fund;
- International Residual Mechanism for Criminal Tribunals;
- Interpol;
- The International Organisation for Migration;
- The United Nations.
Parliamentary scrutiny and other matters
The instrument is exempt from disallowance under section 42 of the Legislation Act 2003. 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 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.
The Department of Home Affairs (the Department) consulted the Department of Foreign Affairs and Trade (DFAT) and the Attorney‑General’s Department on the specification of the International Residual Mechanism for Criminal Tribunals as a prescribed international organisation in this instrument. No other consultation was deemed necessary because this instrument does not substantially alter existing arrangements and the current settings are still necessary and appropriate.
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 International Organisations) 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 International Organisations) 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 5.34E 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 international organisations 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 5.34E of the Migration Regulations, each of the following organisations are specified as a prescribed international organisation:
- International Committee of the Red Cross;
- International Federation of the Red Cross and Red Crescent Societies;
- International Monetary Fund;
- International Residual Mechanism for Criminal Tribunals;
- Interpol;
- The International Organisation for Migration;
- The United Nations
The instrument omits two bodies that were included in IMMI 16/068, the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia, both of which have now closed. The instrument includes one new body (the International Residual Mechanism for Criminal Tribunals), which has assumed the functions and the residual work of the two previous tribunals. The inclusion of the new body enables continued information‑sharing relating to the genocide and other serious violations of international humanitarian law in Rwanda and to war crimes in the former Yugoslavia.
The other bodies are unchanged from IMMI 16/068.
The instrument specifies these organisations as prescribed international organisations to which an authorised officer (as provided for in paragraph 336F(1)(e) of the Act) can provide identifying information.
Schedule 1 – Repeals
Item [1] – The whole of the instrument
Item 1 of Schedule 1 to the instrument operates, with section 5 of the instrument, to repeal the Disclosure of Information to Prescribed International Organisations 2016/068.