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

Overview

The Migration Regulations 1994, amended by the instrument F2010L02756 enacted in 2010, aim to address the need for a controlled and responsive method of authorising access to movement records for specific purposes. This legislative amendment was introduced to facilitate the administration of various Commonwealth, State, and Territory laws while simultaneously minimising potential fraud against the Commonwealth. The enacting body was the Parliament of Australia, as outlined in the Legislative Instruments Act 2003 (Cth), which also stipulated the consultation process with relevant stakeholders. The policy objective of this regulation is to enable authorised personnel from specified agencies to access movement records in a manner that supports the administration of prescribed legislation without imposing additional compliance costs or impacting competition.

Scope and Application

The instrument is made under regulation 3.10A of the Migration Regulations 1994 and it serves to facilitate the administration of prescribed Commonwealth, State or Territory legislation and to minimise fraud against the Commonwealth by enabling access to movement records in a controlled and responsive manner. It revokes the previous instrument IMMI 10/005 and allows the Department of Immigration and Citizenship to be specified as an agency, facilitating integrated management reporting and analysis. Other portfolios also have had adjustments made to their legislation, purposes, and functions to provide appropriate access to movement records. This instrument permits prescribed employees of a prescribed Commonwealth, State or Territory agency to perform actions with movement records for prescribed purposes. The instrument operates to allow the use of movement records information by external agencies to administer various legislation. The instrument, IMMI 10/062, commences on 30 October 2010.

Key Provisions

The Migration Regulations 1994, specifically under regulation 3.10A, establish the framework for the access to movement records as outlined in the explanatory statement for Instrument IMMI 10/062. Section 3.10A(1) of the Regulations prescribes Commonwealth, State, or Territory legislation, which allows officers to perform specific actions with movement records for the purposes of administering this legislation. Under section 3.10A(2) of the Regulations, it prescribes agencies of the Commonwealth, State, or Territory, employees of these agencies, and purposes for which they may access movement records. The primary purpose of this regulation is to ensure that movement records can be accessed in a controlled manner, facilitating the administration of relevant legislation while minimising the risk of fraud against the Commonwealth. The obligations imposed by these provisions on the parties or entities governed by the Act include ensuring that access to movement records is strictly limited to authorised personnel for prescribed purposes. Specifically, subsection 488(1) of the Migration Act 1958 states that no person is allowed to read, examine, reproduce, use, or disclose movement records without proper authorisation. Subsection 488(2) then provides the Minister with the authority to grant such permissions to officers and prescribed employees for specified purposes. This means that any use of movement records must be within the confines of the authorisation granted under this subsection, ensuring compliance with the legislative framework and the protection of sensitive information. Failure to comply with the provisions of the Migration Act 1958 and the associated regulations can lead to serious consequences. Under the Act, any unauthorised access to movement records can be considered an offence, leading to potential civil or criminal penalties. Although the exact penalties are not detailed in the explanatory statement, unauthorised actions typically fall under the general provisions of the Act, which can include substantial fines and imprisonment. The severity of the penalties reflects the importance of safeguarding movement records and ensuring that they are only accessed in a controlled and legitimate manner.