EXPLANATORY STATEMENT

Migration Regulations 1994

DISCLOSURE OF INFORMATION TO PRESCRIBED BODIES

(REGULATION 5.34D)

1. This Instrument is made under regulation 5.34D of the Migration Regulations 1994 (‘the Regulations’).
2. 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’).
3. 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. These ‘prescribed bodies’ are specified by the Minister by Gazette Notice under regulation 5.34D, the subject of this Instrument.

4. The purpose of the Instrument is to specify certain 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.

5. The instrument operates to include the Australian Secret Intelligence Service.

6. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition (OBPR reference number 14936).

8. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

9. The Instrument commences on 1 July 2013.