Migration (Disclosure of Information to Prescribed International Organisations) Instrument 2025

Administered by Department of Home Affairs

Legislation au F2025L01234 In force Legislative Instrument

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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 IMMI 16/068 would otherwise be repealed by sunsetting on 1 October 2026 by operation of section 50 of the Legislation Act 2003 (the Legislation Act).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.

Overview

The Migration (Disclosure of Information to Prescribed International Organisations) Instrument 2025 (F2025L01234) was introduced to address the need for updated specifications of prescribed international organisations to which Australian authorities can disclose identifying information under the Migration Act 1958. Enacted by the Minister for Immigration and Citizenship, the instrument updates the list of prescribed international organisations, aligning with the closure of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia and the continuation of their functions by the International Residual Mechanism for Criminal Tribunals. This change facilitates continued information sharing in relation to serious violations of international humanitarian law and war crimes. The policy objective is to ensure that the disclosure of identifying information to international bodies remains relevant and effective in addressing current international criminal justice needs. The instrument repeals the Disclosure of Information to Prescribed International Organisations 2016/068 and incorporates minor changes to simplify and modernise the drafting. It includes seven international organisations: the International Committee of the Red Cross, the International Federation of the Red Cross and Red Crescent Societies, the International Monetary Fund, the International Residual Mechanism for Criminal Tribunals, Interpol, the International Organisation for Migration, and the United Nations. The instrument exempts itself from disallowance under the Legislation Act 2003, as it falls under a category of instruments not subject to disallowance.

Scope and Application

The Migration (Disclosure of Information to Prescribed International Organisations) Instrument 2025 pertains to the disclosure of identifying information by authorised officers under the Migration Act 1958 and the Migration Regulations 1994. Specifically, this instrument authorises the disclosure of such information to certain specified international organisations, facilitating cooperation and information exchange on matters related to migration and international humanitarian law. The instrument applies to officers authorised under paragraph 336F(1)(e) of the Migration Act, including those from the Department of Home Affairs and the Australian Border Force, and it extends to the specified international organisations listed in the instrument. These organisations include entities such as the International Committee of the Red Cross, the International Federation of the Red Cross and Red Crescent Societies, the International Monetary Fund, the International Residual Mechanism for Criminal Tribunals, Interpol, the International Organisation for Migration, and the United Nations. The instrument's reach is national, as it operates within Australia’s legislative framework and affects international information-sharing processes. This instrument repeals the previous Disclosure of Information to Prescribed International Organisations 2016/068 instrument, which would otherwise have been repealed by sunsetting on 1 October 2026. The instrument does not specify any exclusions, exemptions, or thresholds; however, the conditions for the disclosure of information are governed by the relevant provisions of the Migration Act and the Migration Regulations. Additionally, the instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as it falls under the legislative framework that excludes such requirements.

Key Provisions

The Migration (Disclosure of Information to Prescribed International Organisations) Instrument 2025 (paragraph 1) specifies the international organisations to which authorised officers may disclose identifying information. This is pursuant to regulation 5.34E of the Migration Regulations 1994, which allows the Secretary or Australian Border Force Commissioner to authorise officers to disclose specified information to prescribed international organisations under section 336F(1)(e) of the Migration Act 1958. The instrument lists the 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, International Organisation for Migration, and the United Nations as prescribed international organisations. It omits the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia, which have closed, and includes the International Residual Mechanism for Criminal Tribunals to ensure continued information sharing. The obligations imposed by this instrument on the relevant parties primarily revolve around the authorised disclosure of identifying information to the specified international organisations. Authorised officers must ensure that any information disclosed is in accordance with the authorisation provided under section 336F(1)(e) of the Migration Act and the terms of the instrument. They must also adhere to any additional conditions or requirements that may be specified in the authorisation. Furthermore, the Department of Home Affairs, which administers the instrument, is obligated to maintain and update the list of prescribed international organisations as necessary to reflect changes in international organisations or their functions. Breaches of the obligations under this instrument may lead to various civil or criminal consequences. While the instrument itself does not explicitly state the penalties for non-compliance, violations of the Migration Act or the Migration Regulations could result in substantial penalties. For example, under section 234A of the Migration Act, an officer who discloses information without authorisation or in a manner contrary to the Act could face criminal penalties, including fines or imprisonment. Additionally, under section 233D of the Migration Act, an officer who contravenes a condition or requirement of an authorisation to disclose information may be subject to disciplinary action by their employing authority. In summary, the Migration (Disclosure of Information to Prescribed International Organisations) Instrument 2025 specifies the international organisations to which authorised officers can disclose identifying information, lists the prescribed international organisations, and repeals the previous instrument, IMMI 16/068. It imposes obligations on authorised officers to ensure compliance with the authorisation and the terms of the instrument, and breaches may lead to civil or criminal consequences under the broader framework of the Migration Act and the Migration Regulations.

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Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Repeal & Amendment

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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.