Overview

The Instrument, F2005L02856, made under the Migration Regulations 1994, aims to specify certain Commonwealth, State, and Territory bodies to be prescribed bodies under paragraph 336F(1)(d) of the Migration Act 1958. This legislation was enacted to ensure that authorised officers can disclose identifying information to these bodies for authorised purposes. The need for this instrument arose to align with the requirements set forth in the Migration Regulations 1994, specifically regulation 5.34D, which necessitates the specification of such bodies by the Minister through a Notice published in the Gazette. The instrument was developed with consultation from the Attorney General’s Department to ensure compliance with legislative standards and is set to commence on the day after its registration on the Federal Register of Legislative Instruments.

Scope and Application

The specified instrument under the Migration Regulations 1994 aims to identify particular bodies for the purpose of regulation 5.34D of the same regulations, aligning with paragraph 336F(1)(d) of the Migration Act 1958. This legislative instrument serves to designate specific bodies from the Commonwealth, states, or territories as prescribed entities authorised to receive identifying information disclosed by officers authorised in writing by the Secretary. These prescribed bodies can include governmental and non-governmental organisations involved in migration-related activities or enforcement. The scope of this legislation is confined to those bodies explicitly mentioned in the Gazette Notice made under regulation 5.34D, which must be published in accordance with regulation 1.17 of the Migration Regulations 1994. The instrument does not explicitly delineate exclusions, exemptions, or thresholds, but its applicability is inherently limited to the bodies specified in the Notice. The instrument's reach is jurisdictional, applying within the framework of Australian federal law, as it extends to the prescribed bodies across the Commonwealth, states, and territories of Australia.

Key Provisions

This legislation, F2005L02856, pertains to the specification of prescribed bodies for the purposes of regulation 5.34D of the Migration Regulations 1994, which in turn is linked to paragraph 336F(1)(d) of the Migration Act 1958. Regulation 5.34D allows for the Minister to specify certain bodies of a foreign country, the Commonwealth, or a State or Territory to be prescribed bodies. These prescribed bodies are then authorised to receive identifying information from officers who are authorised in writing by the Secretary, for specific authorised purposes (section 1.17). The specified bodies in this particular legislation are intended to be recognised as prescribed bodies under the Act (section 5). The Act imposes obligations on the specified bodies to ensure they comply with the terms set forth in the legislation and the Regulations. These bodies must adhere to the provisions and requirements outlined in the Migration Act 1958 and the associated Regulations, particularly with respect to the disclosure and handling of identifying information (section 5). Additionally, the bodies must ensure that any disclosure of information is strictly for the authorised purposes and that appropriate measures are in place to protect the privacy and security of the information received. Failure to comply with the requirements set forth in the Migration Act 1958 and the Migration Regulations 1994 may result in various civil and criminal consequences. Under the Act, breaches of the legislation can lead to civil penalties, which may include fines, and criminal penalties, which can result in imprisonment. The specific penalties depend on the nature and severity of the breach, but the Act provides a framework for the imposition of these sanctions to ensure compliance and the proper handling of sensitive information (section 336F(1)(d)). The legislation also underscores the importance of consultation with relevant departments, such as the Attorney General’s Department, to ensure that the drafting and implementation of the instrument are in line with broader legal and policy frameworks (section 6). This highlights the collaborative approach taken to address issues related to the disclosure of identifying information and the protection of privacy within the context of migration administration. The instrument comes into effect on the day following its registration on the Federal Register of Legislative Instruments (section 7), ensuring that the specified bodies are recognised and can begin to operate within the framework established by the Act and Regulations.