Overview

The Migration Regulations 1994, amended by F2012L00472, were enacted to address the need for the disclosure of identifying information from the Department of Immigration to prescribed bodies for authorised purposes under paragraph 336F(1)(d) of the Migration Act 1958. This legislation was introduced to facilitate more effective border protection and client services by enabling officers to verify client identities efficiently, particularly by including police services from South Korea, Malaysia, Indonesia, and Sri Lanka as prescribed bodies. The instrument was created under the authority of regulation 5.34D, specifying the inclusion of these foreign police services, and was exempt from disallowance under subsection 44 of the Legislative Instruments Act 2003. The instrument, which came into effect on 24 March 2012, was developed following consultation with the relevant police services and government departments, and the Office of Best Practice Regulation deemed it unnecessary to prepare a Regulatory Impact Statement due to minimal compliance costs and no significant impacts on businesses, individuals, the economy, or competition.

Scope and Application

The instrument made under regulation 5.34D of the Migration Regulations 1994 specifies certain Commonwealth, State, Territory and foreign country bodies to be prescribed bodies for the purposes of disclosing identifying information under paragraph 336F(1)(d) of the Migration Act 1958. The Act applies to authorised officers of the Commonwealth who are permitted to disclose identifying information to the prescribed bodies for authorised purposes. This particular regulation extends the application to include the police services of South Korea, Malaysia, Indonesia and Sri Lanka, facilitating improved border protection and client services by enabling efficient identity verification. The inclusion of these foreign police services is intended to streamline the process of verifying client identities, thereby enhancing the effectiveness of border control measures. The instrument is exempt from disallowance under subsection 44 of the Legislative Instruments Act 2003, and consultation with relevant offshore posts, police services, and government departments was conducted prior to its creation.

Key Provisions

The primary operative sections of the legislation pertain to the disclosure of identifying information to certain specified bodies under the Migration Act 1958. Regulation 5.34D of the Migration Regulations 1994 (section 5.34D) enables the Minister to designate specific bodies of a foreign country, the Commonwealth, or a state or territory as prescribed bodies for the purposes of paragraph 336F(1)(d) of the Migration Act 1958. This allows authorised officers to disclose identifying information to these bodies for authorised purposes. The regulation provides a mechanism for ensuring that the disclosure of such information is done in a controlled and authorised manner, enhancing the efficiency of border protection and client services by enabling officers to verify client identities effectively. The Act imposes several obligations and requirements on the parties and entities it governs. Firstly, it mandates that any disclosure of identifying information must be carried out by officers who are authorised in writing by the Secretary. This ensures that the disclosure process is tightly controlled and legally sanctioned. Additionally, the Act requires consultation with the relevant bodies before any such bodies are designated as prescribed bodies. This consultation process helps to ensure that the designated bodies are appropriately vetted and that the interests of all parties are considered. Furthermore, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary, indicating that the regulation is intended to have minimal impact on business and individuals. The legislation also outlines specific offences, penalties, or consequences for breach. Although the Explanatory Statement does not detail specific penalties, it is implied that any unauthorised disclosure of identifying information could lead to civil or criminal consequences. Typically, unauthorised disclosures under the Migration Act 1958 could result in significant penalties, including fines and imprisonment, depending on the severity and intent of the breach. The nature and extent of these penalties would be determined by the relevant courts in accordance with Australian law. In conclusion, the regulation serves to specify certain bodies that are authorised to receive identifying information for the purposes of improving border protection and client services. It outlines the process for designating these bodies, the obligations of authorised officers, and the importance of consultation with relevant authorities. While the specific penalties for breaches are not detailed in the Explanatory Statement, it is understood that such breaches could result in serious civil or criminal consequences.