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.

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 police services of South Korea, Malaysia, Indonesia and Sri Lanka.  The inclusion of these police services will improve border protection and client services by enabling officers to verify client identities efficiently.

6. Consultation was undertaken before the instrument was made, through offshore posts, with the relevant police services and government departments.

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 13418).

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 24 March 2012.