Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - June 2009

EXPLANATORY STATEMENT

         Migration Regulations 1994

ACCESS TO MOVEMENT RECORDS

(REGULATION 3.10A)

1. This Instrument is made under regulation 3.10A of the Migration Regulations 1994 (‘the Regulations’).
2. Subregulation 3.10A(1) of the Regulations provides that for the purposes of subparagraph 488(2)(a)(vii) of the Act, Commonwealth, State or Territory legislation specified by the Minister in a Gazette Notice is prescribed.
3. Subregulation 3.10A(2) of the Regulations provides that for paragraph 488(2)(g) of the Act, an agency of the Commonwealth, a State or a Territory, an employee of a prescribed agency, and a purpose specified by the Minister in a Gazette Notice is prescribed. 
4. Subsection 488(1) of the Migration Act 1958 (‘the Act’) provides that a person must not read, examine, reproduce, use or disclose any part of movement records otherwise than in accordance with an authority given under subsection 488(2). Subsection 488(2) of the Act provides that the Minister may authorise on officer to perform one or more of the actions prohibited by subsection 488(1).
5. Specifically, subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer to perform one or more of the actions for the purposes of prescribed Commonwealth, State or Territory legislation. Paragraph 488(2)(g) of the Act permits the Minister to authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory, to perform one or more of those actions for a prescribed purpose.
6. The purpose of the Instrument is to 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.   

7.      The Instrument operates to allow the use of movement records information by external agencies in order to administer various legislation. The Instrument will allow prescribed employees of a prescribed Commonwealth, State or Territory agency to read, examine, reproduce, use or disclose movement records for prescribed purposes.

8.      Pursuant to section 17 of the Legislative Instruments Act 2003 (Cth) consultation occurred with each agency referred to in column 2 of schedules B and C to the instrument.

9.      The Instrument, IMMI 09/053, commences on 1 July 2009.