Notice under section 503A of the Migration Act 1958 – 16/001

Administered by Department of Home Affairs

Legislation au C2016G00414 In force Gazette

Legislation content


Commonwealth of Australia

Migration Act 1958

NOTICE UNDER SECTION 503A OF THE MIGRATION ACT 1958 – 16/001

(Subsection 503A(9))

I, PETER DUTTON Minister for Immigration and Border Protection, acting under
section 503A(9) of the Migration Act 1958 (the Act):

  1. REVOKE the Gazette notice made under subsection 503A(9) of the Act, signed on
    14 August 2003 (F2006B00213); and
  2. SPECIFY for the purposes of paragraph 503A(9)(a) of the Act, each of the:
    1. Australian law enforcement body; or
    2. Australian intelligence bodies,

listed in Schedule 1 to this notice, as a gazetted agency as defined in 503A(9) of the Act;

3.             SPECIFY for the purposes of paragraph 503A(9)(b) of the Act, each of the

  1. foreign law enforcement body countries, or
  2. parts of foreign law enforcement body countries,

listed in Schedule 2 to this notice, as foreign law enforcement body countries, or parts of foreign law enforcement body countries.

This Gazette notice, Notice Under Section 503A of the Migration Act 1958 - 2016/028,
GAZ 16/001 commences on 1 April 2016.

Dated: 22 March 2016

Peter Dutton

THE HON PETER DUTTON MP

Minister for Immigration and Border Protection

SCHEDULE 1

LIST OF LAW ENFORCEMENT AGENCIES OR

AUSTRALIAN INTELLIGENCE BODIES

  1. Attorney-General’s Department
  2. AUSTRAC
  3. Australian Commission for Law Enforcement Integrity
  4. Australian Crime Commission
  5. Australian Federal Police
  6. Australian Secret Intelligence Service
  7. Australian Security Intelligence Organisation
  8. Australian Securities and Investments Commission
  9. Australian Sports Anti-Doping Authority
  10. Australian Taxation Office
  11. CrimTrac
  12. Department of Defence
  13. Department of Foreign Affairs and Trade
  14. Department of Human Services
  15. Department of the Prime Minister and Cabinet
  16. Department of Social Services
  17. Department of the Treasury
  18. Director of Public Prosecutors
  19. Interpol National Central Bureau, Canberra
  20. The police force of a State or Territory
  21. The corrective or correctional services department of a State or Territory
  22. A parole board or authority or prisoner review board of a State or Territory
  23. Australian Capital Territory Department of Justice and Community Safety
  24. Australian Capital Territory Government Community Services
  25. Department of Justice – New South Wales
  26. New South Wales Crime Commission
  27. Department of Family and Community Services New South Wales
  28. Department of the Attorney-General and Justice Northern Territory
  29. Department of Children and Families Northern Territory
  30. Department of Justice and Attorney-General – Queensland
  31. Crime and Corruption Commission Queensland
  32. Department of Communities, Child Safety and Disability Services
  33. Attorney-General’s Department South Australia
  34. Department of Education and Child Development – South Australia
  35. Department of Justice – Tasmania
  36. Department of Health and Human Services Tasmania
  37. Department of Justice and Regulation – Victoria
  38. Independent Broad-Based Anti-Corruption Commission Victoria
  39. Family and Community Services Victoria
  40. Department of the Attorney-General Western Australia
  41. Crime and Corruption Commission Western Australia
  42. Department for Child Protection and Family Support Western Australia


SCHEDULE 2

LIST OF FOREIGN LAW ENFORCEMENT COUNTRIES OR PARTS OF FOREIGN LAW ENFORCEMENT COUNTRIES

A      Abu Dhabi, Afghanistan, Ajman, Albania, Alderney, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Ashmore and Cartier Islands, Austria, Azad Jammu and Kashmir, Azerbijan

B      Bahamas, Bahrain, Baker Island, Bangladesh, Barbados, Belarus, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, Brechou, British Indian Ocean Territory, British Virgin Islands, Brunei, Bulgaria, Burhou, Burkina Faso, Burundi

C      Cambodia, Cameroon, Canada, Cape Verde,Casquets, Cayman Islands, Central African Republic, Ceuta, Chad, Channel Islands, Chile, China People’s Republic of, Christmas Island, Colombia, Comoros, Congo Democratic Republic, Congo Republic, Cook Islands, Coral Sea Islands Territory, Costa Rica, Cote d’Ivoire, Crevichon, Croatia, Cuba, Curacao, Cyprus, Czech Republic

D      Democratic People’s Republic of Korea (North Korea), Denmark, Djibouti, Dominica, Dominican Republic, Dubai

E      Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia

F       Falkland Islands, Faroe Islands, Federated States of Micronesia, Fiji, Finland, France, French Guiana, French Polynesia, Fajairah

G      Gabon, Gambia, Georgia, Germany, Ghana, Gibraltar, Grande Amfroque, Great Britain, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana

H      Haiti, Herm, Heard Island and McDonald Islands, Honduras, Hong Kong, Howland Island, Hungary

I       Iceland, India, Indonesia, Iran, Iraq, Ireland, Ireland (Northern), Isle of Man, Israel, Italy

J       Jamaica, Japan, Jarvis Island, Jersey, Jethou, Johnston Atoll, Jordan

K      Kazakhstan, Kenya, Kingman Reef, Kiribati, Kuwait, Kyrgyzstan, Kosovo

L       Laos, Latvia, Lebanon, Les Houmets, Lesotho, Liberia, Libya, Leichtenstein, Lihou, Lithuania, Luxembourg

M     Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Melilla, Mexico, Midway Island, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar

N      Namibia, Nauru, Navassa Island, Nepal, Netherlands, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Norway      

O      Oman, Ortac

P       Pakistan, Palau, Palestinian Territories, Palmyra Atoll, Panama, Papua New Guinea,       Paraguay, Paracel Islands, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto    Rico      

Q      Qatar

R      Ras al-Khaimah, Renonquet, Republic of Korea (South Korea), Reunion Island, Romania, Russian Federation, Rwanda

S       Saint Barthelemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, San Marino, Sark, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sharjah, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georia and the South Sandwich Islands, Spain, Spanish North Africa, Spratly Islands, Sri Lanka, South Sudan, Sudan, Suriname, Svalbard, Swaziland, Sweden, Switzerland, Syria

T      Taiwan, Tajikistan, Tanzania, Thailand, Timor-Leste, Tobago, Togo, Tokelau, Tonga, Trinidad and Tobago, Tristan da Cunha, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu

U      Uganda, Ukraine, Umm al-Qaiwain, United Arab Emirates, United Kingdom, United States of America, US Virgin Islands, Uruguay, Uzbekistan

V      Vanuatu, Vatican City, Venezuela, Vietnam

W     Wake Island, Western Sahara

Y      Yemen

Z       Zambia, Zimbabwe

 

 

Overview

The Migration Act 1958, enacted by the Commonwealth of Australia Parliament, aims to provide a comprehensive legislative framework for the control of immigration into Australia and the departure of people from Australia, as well as to provide for the departure from Australia of non-citizens. The Act was introduced to address the need for a coordinated and systematic approach to the regulation of immigration, addressing gaps in previous legislative arrangements. In exercising this power, the Minister for Immigration and Border Protection, Peter Dutton, issued a Gazette notice under section 503A of the Act, revoking a previous notice and specifying Australian and foreign law enforcement agencies and countries as gazetted agencies and foreign law enforcement body countries, respectively. This action is intended to ensure that the Act operates effectively in managing immigration and border protection matters.

Scope and Application

The Migration Act 1958, as amended by the notice under section 503A, applies to various Australian and foreign law enforcement and intelligence agencies. Specifically, the Act identifies certain Australian law enforcement and intelligence bodies as gazetted agencies, thereby granting them the authority to enforce immigration-related provisions. These include entities such as the Australian Federal Police, Australian Secret Intelligence Service, Australian Security Intelligence Organisation, and various state and territory police forces and departments. Additionally, the Act designates numerous foreign countries and specific parts of countries as foreign law enforcement jurisdictions, allowing these entities to engage in immigration-related activities with Australia. This legislation has a national scope, applying across the Commonwealth of Australia and extending its reach to international jurisdictions as specified in the schedules to the notice. Notably, the Act does not specify exclusions or exemptions within the text provided, although it is understood that certain conditions or limitations may be defined in subordinate instruments or regulations. The application of the Act is thus broad, encompassing a wide array of agencies both domestically and internationally, facilitating cooperation and enforcement in immigration matters.

Key Provisions

The primary operative sections of this Gazette notice under section 503A of the Migration Act 1958 are those that revoke the previous gazette notice made under subsection 503A(9) on 14 August 2003 (F2006B00213) and specify the Australian and foreign law enforcement agencies that are considered gazetted agencies for the purposes of paragraph 503A(9)(a) and (b) of the Act, respectively (subsection 503A(9)). This notice, Notice Under Section 503A of the Migration Act 1958 - 2016/028, GAZ 16/001, commenced on 1 April 2016. The Act imposes obligations on Australian and foreign law enforcement agencies or intelligence bodies by specifying them as gazetted agencies. For Australian agencies, this designation means they can access information protected by the Act for the purposes of migration and border protection. Similarly, for foreign agencies, being specified allows them to be recognised by Australian authorities for the purpose of information exchange and cooperation in migration and border protection matters. The agencies listed in Schedule 1 and Schedule 2 of this notice are mandated to comply with the provisions of the Migration Act 1958 as it relates to their respective roles and responsibilities. Any breaches of the obligations and requirements set out in this notice can result in civil or criminal consequences. The Migration Act 1958 provides for various offences and penalties, which may include fines and imprisonment, depending on the severity of the breach. For instance, unauthorised access or disclosure of information protected by the Act can lead to significant penalties, including substantial fines and imprisonment terms. The specific maximum penalties are detailed within the Migration Act 1958, and can vary based on the nature and extent of the breach.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.