EXPLANATORY STATEMENT

Migration Regulations 1994

DISCLOSURE OF INFORMATION TO PRESCRIBED BODIES

(REGULATION 5.34D)

1. This Instrument is made under regulations 1.17 and 5.34D of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 provides that the Minister may, by Notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
3. Regulation 5.34D provides that the bodies of a foreign country, of the Commonwealth or of a State or Territory specified by the Minister in a Gazette Notice made under regulation 5.34D are prescribed bodies for the purposes of paragraph 336F(1)(d) of the Migration Act 1958 (‘the Act’).
4. Paragraph 336F(1)(d) of the Act allows officers authorised in writing by the Secretary to disclose identifying information, for authorised purposes, to one or more prescribed bodies of a foreign country, of the Commonwealth or of a State or Territory.

5. The purpose of the Instrument is to specify certain additional Commonwealth, State, Territory and foreign country bodies so that they will be prescribed bodies for the purposes of paragraph 336F(1)(d) of the Act.

6. Disclosure to several of these additional bodies is necessary for, among other reasons, the investigation and prosecution of offences such as document and identity fraud. Subsection 336E(3) prohibits disclosure of prescribed types of identifying information for the purpose of certain investigations and prosecutions, however no regulations have yet been made under paragraph 336E(a) so this prohibition is currently of no effect.

7. The Attorney General’s Department was consulted in relation to the drafting of the instrument.

8. The Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.