Migration (LIN 18/068: Access to Movement Records) Instrument 2018

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Migration (LIN 18/068: Access to Movement Records) Instrument 2018

I, SNEHA CHATTERJEE, Delegate of the Minister for Home Affairs, make the following instrument.

Dated 24 August 2018

Sneha Chatterjee

Sneha Chatterjee

Senior Executive Service, Band One Compliance & Corporate Coordination Branch

ABF Business Services Division

Delegate of the Minister for Home Affairs

 

Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

Part 2—Access to movement records—specified legislation

6  Specified legislation

Part 3—Access to movement records—specified agencies, employees and purposes

7  Agencies, employees and purposes

Schedule A — Specified Commonwealth, State or Territory legislation

Schedule B — Specified Agencies, Employees and Purposes

Schedule C — Repeals

Access to Movement Records 2016/090 (F2018C00075)

 

Part 1—Preliminary

1  Name

(1) This instrument is the Migration (LIN 18/068: Access to Movement Records) Instrument 2018.

(2) This instrument may be cited as LIN 18/068.

2  Commencement

This instrument commences the day after it is registered on the Federal Register of Legislation.

3  Authority

This instrument is made under regulation 3.10A of the Migration Regulations 1994.

4  Definitions

Note: Section 2B and subsection 46(1) of the Acts Interpretation Act 1901 incorporate into this instrument the definitions of APS employee and SES employee from the Public Service Act 1999.

In this instrument:

Act means the Migration Act 1958.

AO means an Administrative Officer.

APS 2 means an APS employee who is classified as an Australian Public Service Level 2 employee under the Classification Rules.

APS 3 means an APS employee who is classified as an Australian Public Service Level 3 employee under the Classification Rules.

APS 4 means an APS employee who is classified as an Australian Public Service Level 4 employee under the Classification Rules.

APS 5 means an APS employee who is classified as an Australian Public Service Level 5 employee under the Classification Rules.

 

APS 6 means an APS employee who is classified as an Australian Public Service Level 6 employee under the Classification Rules.

Classification Rules means the rules issued under section 23 of the Public Service Act 1999.

 

EL 1 means an APS employee who is classified as an Executive Level 1 employee under the Classification Rules.

EL 2 means an APS employee who is classified as an Executive Level 2 employee under the Classification Rules.

PO means Professional Officer

Regulations means the Migration Regulations 1994.

 

SES 1 means an APS employee who is classified as a Senior Executive Band 1 employee under the Classification Rules.

SES 2 means an APS employee who is classified as a Senior Executive Band 2 employee under the Classification Rules.

SO means Senior Officer.

5  Schedules

Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Part 2—Access to movement records—specified legislation

6  Specified legislation

For subregulation 3.10A(1) of the Regulations, the table in Schedule A to this instrument specifies Commonwealth, State or Territory legislation for the purposes of subparagraph 488(2)(a)(vii) of the Act.

Part 3—Access to movement records—specified agencies, employees and purposes

7  Agencies, employees and purposes

(1) For paragraph 3.10A(2)(a) of the Regulations, each Commonwealth, State or Territory agency mentioned in column 2 of the table in Schedule B is specified.

(2) For paragraph 3.10A(2)(b) of the Regulations, an employee is specified if the employee:

(a) is employed by an agency mentioned in column 2 of the table in Schedule B; and

(b) is an employee mentioned in column 3 of the table in Schedule B, of the corresponding agency in column 2 of that table.

(3) For paragraph 3.10A(2)(c) of the Regulations, the purposes mentioned in column 4 of the table in Schedule B are specified for the corresponding employees in column 3 of that table.

Schedule A — Specified Commonwealth, State or Territory legislation

 

 

Schedule B — Specified Agencies, Employees and Purposes

 

 

 

Schedule C — Repeals

Access to Movement Records 2016/090 (F2018C00075)

1  The whole of the instrument

Repeal the instrument.