Migration (LIN 20/033: Access to Movement Records) Instrument 2020

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Commonwealth Coat of Arms of Australia

 

Migration (LIN 20/033: Access to Movement Records) Instrument 2020

I, Michael Shelton, Delegate of the Minister for Home Affairs, make the following instrument.

Dated    24 March 2020

 

Michael Shelton

Michael Shelton

Acting Senior Executive Service, Band One Border Systems and Programme Management Branch Strategic Border Command Division  

 

 

Contents

Part 1—Preliminary

1  Name

2  Commencement

3  Authority

4  Definitions

5  Schedules

Part 2—Access to movement records

6  Prescribed legislation

7  Prescribed agencies, employees and purposes

Schedule 1—Prescribed Commonwealth, State or Territory legislation

Schedule 2—Prescribed agencies, employees and purposes

Schedule 3—Repeals

 

 

Part 1—Preliminary

1  Name

(1) This instrument is the Migration (LIN 20/033: Access to Movement Records) Instrument 2020.

(2) This instrument may be cited as LIN 20/033.

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 Regulations.

4  Definitions

1.            In this instrument:

Act means the Migration Act 1958.

authorised vetting agency means a Commonwealth, State or Territory agency that is authorised or approved by the Commonwealth to issue security clearances.

Regulations means the Migration Regulations 1994.

security vetting includes pre-employment screening in assessing the eligibility and suitability of personnel and ongoing assessment of personnel for the grant, maintenance and review of security clearances.

1.            A term mentioned in Column 1 of the following table refers to an Australian Public Service (APS) employee classified under the Public Service Classification Rules 2000 as an employee at the level mentioned in Column 2 for that item.

• APS employee classifications
• Item Column 1Term Column 2Level
• 1 APS 1 APS Level 1
• 2 APS 2 APS Level 2
• 3 APS 3 APS Level 3
• 4 APS 4 APS Level 4
• 5 APS 5 APS Level 5
• 6 APS 6 APS Level 6
• 7 EL 1 Executive Level 1
• 8 EL 2 Executive Level 2
• 9 SES 1 Senior Executive Band 1
• 10 SES 2 Senior Executive Band 2

5  Schedules

1.            Schedule 1 prescribes Commonwealth, State or Territory legislation for subparagraph 488(2)(a)(vii) of the Act in accordance with subregulation 3.10A(1) of the Regulations.
2.            Schedule 2 prescribes agencies, employees and purposes for paragraph 488(2)(g) of the Act in accordance with subregulation 3.10A(2) of the Regulations.
3.            Each instrument that is specified in Schedule 3 is repealed as set out in the applicable items in that Schedule.

 

Part 2—Access to movement records

6  Prescribed legislation

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

Note: Subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer to perform one or more actions prohibited under subsection 488(1) of the Act for the purposes of prescribed Commonwealth, State or Territory legislation.

7  Prescribed agencies, employees and purposes

For an item in the table in Schedule 2, the following is prescribed:

(a) for the purposes of paragraph 3.10A(2)(a) of the Regulations, in column 1—an agency of the Commonwealth, a State or a Territory;

(b) for the purposes of paragraph 3.10A(2)(b) of the Regulations, in column 2—an employee of the agency mentioned in paragraph (a);

(c) for the purposes of paragraph 3.10A(2)(c) of the Regulations, in column 3—a purpose to obtain access to the moment records on behalf of the agency mentioned in paragraph (a).

Note: Paragraph 488(2)(g) of the Act permits the Minister to authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory, to perform one or more actions prohibited under subsection 488(1) for a prescribed purpose.

 

Schedule 1—Prescribed Commonwealth, State or Territory legislation

Note: See section 6.

 

 

Schedule 2—Prescribed agencies, employees and purposes

Note 1: See section 7.

Note 2: For each of the items in the following table, an employee prescribed in column 2 of an agency prescribed in column 1 can access the movement records for the purpose prescribed in column 3 on behalf of the agency corresponding to that item.

 

Schedule 3—Repeals

Migration (LIN 18/068: Access to Movement Records) Instrument 2018 (F2018L01199)

1  The whole of the instrument

Repeal the instrument.