Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - October 2010

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. This Instrument revokes Instrument Number IMMI 10/005, which was signed by the former Minister on 11 March 2010.
3. 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 an Instrument in writing is prescribed.
4. 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 Instrument in writing is prescribed. 
5. 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 an officer to perform one or more of the actions prohibited by subsection 488(1).
6. 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 prescribed purposes.
7. 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. In particular this instrument, when compared to the Instrument IMMI 10/005 which is revoked by this instrument, includes:

•                     The Department of Immigration and Citizenship as a specified agency and enables integrated management reporting and analysis under the Act.
•                     Other portfolios have had adjustments made to effect their legislation, purpose and functions in regard to the appropriate access to movement records.

8.      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.

9.      Pursuant to section 17 of the Legislative Instruments Act 2003 (Cth) consultation occurred with all relevant stakeholders.

10.  The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument. 

11.  The Instrument, IMMI 10/062, commences on 30 October 2010.