1Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - December 2011

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Commonwealth of Australia

Migration Regulations 1994

ACCESS TO MOVEMENT RECORDS

(REGULATION 3.10A)

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under regulation 3.10A of the Migration Regulations 1994 (‘the Regulations’):

1. REVOKE Instrument number IMMI 10/062 signed by the Minister on 20 October 2010 specifying legislation, agencies, employees and purposes, for the purposes of regulation 3.10A of the Regulations;

2. SPECIFY, for subregulation 3.10A(1) of the Regulations, the Commonwealth, State or Territory legislation set out in Schedule A to this Instrument;

3. SPECIFY, for paragraph 3.10A(2)(a) of the Regulations, the agencies set out in column 2 of Schedule B to this Instrument;

4. SPECIFY, for paragraph 3.10A(2)(c) of the Regulations, the purposes set out in column 4 of Schedule B to this Instrument; AND

5. SPECIFY, for paragraph 3.10A(2)(b) of the Regulations, the employees holding, or for the time being occupying and performing the duties of, a position number, position title or position within a class of persons listed in column 3 of Schedule B to this Instrument and who are employed by agencies listed in column 2 of Schedule B to this Instrument, who are engaged in functions related to the purposes specified in column 4 of Schedule B to this Instrument.

This Instrument, IMMI 11/049, commences on the day after signature.

Dated 1 December 2011

Chris Bowen

Minister for Immigration and Citizenship

[NOTE 1: Subregulation 3.10A(1) of the Regulations provides that, for subparagraph 488(2)(a)(vii) of the Migration Act 1958 (‘the Act’), Commonwealth, State or Territory legislation specified by the Minister in an instrument in writing is prescribed.

NOTE 2: Paragraph 3.10A(2)(a) of the Regulations provides that, for paragraph 488(2)(g) of the Act, an agency of the Commonwealth, a State or a Territory specified by the Minister in an instrument in writing is prescribed.

NOTE 3: Paragraph 3.10A(2)(b) of the Regulations provides that, for paragraph 488(2)(g) of the Act, an employee of a prescribed agency who is specified by the Minister in an instrument in writing is prescribed.

NOTE 4: Paragraph 3.10A(2)(c) of the Regulations provides that, for paragraph 488(2)(g) of the Act, a purpose specified by the Minister in an instrument in writing is prescribed.

NOTE 5: Subsection 488(1) of the Act provides that a person must not read, examine, reproduce, use or disclose any part of movement records otherwise than in accordance with an authority given under subsection 488(2). Subsection 488(2) of the Act provides that the Minister may authorise an officer to perform one or more of the actions prohibited by subsection 488(1).