EXPLANATORY STATEMENT

Migration Regulations 1994

DISCLOSURE OF INFORMATION TO PRESCRIBED INTERNATIONAL ORGANISATIONS

(REGULATION 5.34E)

1. This Instrument is made under regulations 1.17 and 5.34E 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 5.34E provides that the organisations specified by the Minister in a Gazette Notice made under regulation 5.34E are prescribed organisations for the purposes of paragraph 336F(1)(e) of the Migration Act 1958 (‘the Act’).
4. Paragraph 336F(1)(e) of the Act allows officers authorised in writing by the Secretary to disclose identifying information, for authorised purposes, to one or more prescribed international organisations (paragraph 336F(1)(e)).

5. The purpose of the Instrument is add the International Monetary Fund to the list of specified international organisations so that it will be a prescribed international organisation for the purposes of paragraph 336F(1)(e) of the Act.

6. Disclosure to the International Monetary Fund 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.