EXPLANATORY STATEMENT
Migration Regulations 1994
1. This Notice is made under regulation 1.17 and regulation 3.10A of the Migration Regulations 1994 (‘the Regulations’).
2. Regulation 1.17 of the Regulations 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. Under subsection 488(1) of the Migration Act 1958 (“the Act”), a person must not read, examine, reproduce, use or disclose any part of movement records. Subsection 488(2) of the Act permits the Minister to authorise certain of these actions to be performed. Subregulation 3.10A(1) (Access to movement records) prescribes Commonwealth, State or Territory legislation for the purposes of subparagraph 488(2)(a)(vii) of the Act. Subregulation 3.10A(2) (Access to movement records) prescribes matters for the purposes of paragraph 488(2)(g) of the Act.
4. The purpose of the Instrument is facilitate the administration of prescribed legislation and minimise fraud against the Commonwealth by enabling access to movement records to be authorised in a controlled and responsive manner.
5. The instrument operates to specify Commonwealth, State or Territory legislation concerning which an authorised officer may perform one or more of the actions listed in subsection 488(1) of the Act and to prescribe employees of Commonwealth, State or Territory agencies who may, for prescribed purposes, perform one or more of the actions listed in subsection 488(1) of the Act. Accordingly, the Instrument will allow authorised Departmental officers to read, examine, reproduce, use or disclose movement records for the purposes of prescribed Commonwealth, State or Territory legislation, and allow prescribed employees of a prescribed Commonwealth, State or Territory agency to read, examine, reproduce, use or disclose movement records for prescribed purposes.
6. Pursuant to section 18 of the Legislative Instruments Act 2003 consultation is not necessary. The instrument is of a machinery nature.
7. The Instrument commences on the date of Gazettal.