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Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - October 2009
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Commonwealth of Australia
Migration Regulations 1994
ACCESS TO MOVEMENT RECORDS (REGULATION 3.10A)
I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under regulations 1.17 and 3.10A of the Migration Regulations 1994 (‘the Regulations’):
1. REVOKE Instrument number IMMI 09/053 signed on 8 June 2009
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 column 2 of 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 3 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 C to this Instrument and who are employed by agencies listed in column 2 of Schedule C to this Instrument, who are engaged in functions related to the purposes specified in column 3 of Schedule B to this Instrument.
This Instrument, IMMI 09/117, commences on 9 November 2009.
Dated 9 October 2009
CHRIS EVANS
Minister for Immigration and Citizenship
[NOTE 1: Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purposes of those provisions.
NOTE 2: Subregulation 3.10A(1) of the Regulations provides that, for subparagraph 488(2)(a)(vii) of the Act, Commonwealth, State or Territory legislation specified by the Minister in a Gazette Notice is prescribed.
NOTE 3: 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 a Gazette Notice is prescribed.
NOTE 4: 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 a Gazette Notice is prescribed.
NOTE 5: 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 a Gazette Notice is prescribed.
NOTE 6: Subsection 488(1) of the Migration Act 1958 (‘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).
NOTE 7: Specifically, subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer to perform one or more of the actions for the purposes of prescribed Commonwealth, State or Territory legislation. 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 of those actions for a prescribed purpose.]
Schedule A
| Column 1Item Number | Column 2Legislation |
|---|---|
| 1 | Veterans’ Entitlements Act 1986 (Cth) |
| 2 | Civil Aviation Act 1988 (Cth)Aviation Transport Security Act 2004 (Cth) |
| 2A | Aviation Transport Security Regulations 2005 (Cth)Maritime Transport and Offshore Facilities Security Act 2003 (Cth)Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth) |
| 3 | Child Care Act 1972 (Cth)Child Support (Registration & Collection) Act 1988 (Cth)Child Support (Assessment) Act 1989 (Cth) |
| 4 | Social Security Act 1991 (Cth)Social Security Administration Act 1999 (Cth)Student Assistance Act 1973 (Cth)A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) |
| 5 | Income Tax Assessment Act 1936 (Cth)Income Tax Assessment Act 1997 (Cth)Taxation Administration Act 1953 (Cth)Fringe Benefits Tax Assessment Act 1986 (Cth)Superannuation Contributions Tax (Assessment and Collection) Act 1997 (Cth)Superannuation Contributions Tax (Members of Constitutionality protected Superannuation Funds) Assessment and Collection Act 1997 (Cth)Superannuation (Government Co-Contribution for Low Income Earners) Act 2003 (Cth)Superannuation Industry (Supervision) Act 1993 (Cth)Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth)Retirement Savings Accounts Act 1997 (Cth)Superannuation Guarantee (Administration) Act 1992 (Cth)A New Tax System (Australian Business Number) Act 1999 (Cth)A New Tax System (Goods and Services Tax) Act 1999 (Cth)A New Tax System (Luxury Car Tax) Act 1999 (Cth)A New Tax System (Wine Equalisation Tax) Act 1999 (Cth) |
| 6 | First Home Owner Grant Act 2000 (NSW)Taxation Administration Act 1996 (NSW) |
| 7 | First Home Owner Grant Act 2000 (VIC)Taxation Administration Act 1997 (VIC) |
| 8 | First Home Owner Grant Act 2000 (QLD)Taxation Administration Act 2001 (QLD)Land Tax Act 1915 (QLD) |
| 9 | First Home Owner Grant Act 2000 (TAS)Taxation Administration Act 1997 (TAS) |
| 10 | First Home Owner Grant Act 2000 (WA)Taxation Administration Act 2003 (WA) |
| 11 | First Home Owner Grant Act 2000 (SA)Taxation Administration Act 1996 (SA) |
| 12 | First Home Owner Grant Act (NT)Taxation (Administration) Act (NT) |
| 13 | First Home Owner Grant Act 2000 (ACT)Taxation Administration Act 1999 (ACT) |
| 14 | International Transfer of Prisoners Act 1997 (Cth) |
| 15 | Extradition Act 1988 (Cth) |
| 16 | Road Transport (General) Act 2005 (NSW)Road Transport (General) Regulations 2005 (NSW)Road Transport (Driver Licensing) Act 1998 (NSW)Road Transport (Driver Licensing) Regulations 1999 (NSW)Fines Act 1996 (NSW)Oaths Act 1900 (NSW)Crimes Act 1900 (NSW)Statutory Declarations Act 1959 (Cth) |
| 17 | Intelligence Services Act 2001 (Cth) |
| 18 | Australian Passports Act 2005 (Cth) |
| 19 | AusCheck Act 2007 (Cth) |
| 20 | The Mutual Assistance in Criminal Matters Act 1987 (Cth) |
| 21 | Australian Security Intelligence Organisation Act 1979 |
| 22 | Immigration (Guardianship of Children) Act 1946 (Cth)Immigration (Guardianship of Children) Regulations 2001 (Cth)Children and Young Persons (Care and Protection) Act 1998 (NSW)Children and Young Persons (Care and Protection) Regulation 2000 (NSW) |
Schedule B
| Column 1Item No. | Column 2Agency | Column 3Purpose |
|---|---|---|
| 1 | Department of Veterans’ Affairs | For the purpose of verification of immigration status and residence status for the assessment and verification of eligibility and entitlements to benefits payments. |
| 2 | Civil Aviation Safety Authority (CASA) | For the purpose of verification of immigration status and residence status for aviation security status checks and registration of aircraft. |
| 2A | Department of Transport and Regional Services | For the purpose of verifying status of applicants for aviation security identification card checks and maritime security identity card checks. |
| 3 | Child Support Agency | For the purpose of verification of immigration status and residence status for determination of eligibility assessments for child support; and to give effect to Australia’s international obligations in relation to reciprocal enforcement of child support; and to enforce child support liabilities. |
| 4 | Centrelink | For the purpose of verification of immigration status and residence status for determination of eligibility and entitlements for certain Social Security and Family Assistance payments; identification and prevention of overpayments and to ensure accuracy of claimant data. |
| 5 | Australian Taxation Office | For the purpose of identifying false identities and inaccurate records, and to improve the accuracy of information held by government to reduce identity theft; and for the purpose of determining eligibility and entitlements for certain Taxation payments, to ensure accuracy of claimant data and assist in the location of individuals. |
| 6 | Office of State Revenue,New South Wales Treasury | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme; and to assist in the investigation and determination of taxation and duties liabilities. |
| 7 | The State Revenue Office, Victorian Department of Treasury and Finance | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme |
| 8 | Office of State Revenue, Queensland Treasury | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme; and to assist in the investigation and determination of taxation and duties liabilities. |
| 9 | Tasmanian State Revenue Office, Department of Treasury and Finance | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme |
| 10 | Office of State Revenue, Department of Treasury and Finance of Western Australia | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme |
| 11 | Revenue SA,Department of Treasury and Finance | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme |
| 12 | Territory Revenue Management, Northern Territory Treasury | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme. |
| 13 | Australian Capital Territory Revenue Office,Department of Treasury | For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme |
| 14 | Attorney-General’s Department | For the purpose of processing applications by prisoners for international transfer in accordance with the Act. |
| 15 | Attorney-General’s Department | For the purpose of processing applications in connection with potential or actual extradition requests from Australia to another country or from another country to Australia. |
| 16 | State Debt Recovery Office,Office of State Revenue NSW Treasury | For the purpose of assisting in the investigation, prosecution and enforcement of offences, fines and penalties including the identification of false nominations for driving offences which incur demerit points. |
| 17 | Department of Defence | For the purposes of verifying a person’s nationality to determine whether Ministerial authorization is required for performance of activities specified in the Intelligence Services Act 2001. |
| 18 | Department of Foreign Affairs and Trade | For the purpose of issuing and administering passports under the Australian Passports Act 2005. |
| 19 | AusCheck, Attorney-General’s Department | For the purpose of administering AusCheck Act 2007 to carry out background checks of individuals for the purposes of the Aviation Transport Security Act 2004 or regulations made under that Act and the Maritime Transport and Offshore Facilities Act 2003 or regulations made under that Act. |
| 20 | Attorney-General's Department | For the purposes of making or responding to a mutual assistance request made under the Mutual Assistance in Criminal Matters Act 1987 |
| 21 | Australian Security Intelligence Organisation | For the purposes of the functions of section 17 of the Australian Security Intelligence Organisation Act 1979 |
| 22 | Department of Human Services, New South Wales | For the purpose of fulfilling statutory obligations in relation to the protection of children and young people, children who are the subject of adoption applications and as the delegated guardian of non citizen children present in NSW |
Schedule C
| Column 1Item No. | Column 2Agency | Column 3Position Numbers/Position Title |
|---|---|---|
| 1 | Department of Veterans’ Affairs | Director, Compliance and Review;Assistant Director, Compliance and Review;APS6 Team Leader, Data Matching Investigations Unit;Director, Income Support Systems; andIncome Support Systems Technical Support Officer. |
| 2 | Civil Aviation Safety Authority (CASA) | 1251, 1283, 1284, 1300, 1764, 1810, 9357, 9370 |
| 2A | Department of Transport and Regional Services | Security Identification Team |
| 3 | Child Support Agency | Customer Service Officer (CSO) - domestic child supportCustomer Service Officer (CSO) - international child support |
| 4 | CentrelinkInternational Services BranchCentrelink International BranchBusiness Integrity Division- Business Integrity and Workflow Systems Branch- International Review Team- Fraud Intelligence Section- Fraud Analysis Unit- Immigration Datamatching TeamMulticultural Services Branch- Assurance of Support TeamFamilies and Child Care International Claims Team | All staff in branchAll staff in branchAll staff at Centrelink 3, pay point 1 and aboveAll staff in teamAll staff at Centrelink 3, pay point 1 and aboveAll staff at Centrelink 3, pay point 1 and aboveAll staff in teamAll staff in teamAll staff with the responsibility for processing Family Assistance claim forms lodged from outside of Australia |
| 5 | Australian Taxation Office | Pre-issue Fraud Case Officer, Micro Enterprise & Individuals, Active Compliance IndividualsAuditor, Micro Enterprise & Individuals, Micro Active ComplianceCase Leader, Micro Enterprise & Individuals, Micro Active ComplianceIntelligence Analyst, Aggressive Tax Planning, Promoter IntelligenceSearch Officer, DebtAssistant Director, Excise, Risk & IntelligenceIntelligence Analyst, ExciseDirector, Goods and Services Tax, Complex AuditCase Profiler, Goods and Services Tax, Complex AuditCase Profiling Manager, Goods and Services Tax, Complex AuditIntelligence Analyst, Goods and Services Tax, Complex AuditCase Officer, Goods and Services Tax, Cash EconomyIntelligence Analyst, Large Business & Internationals, International RelationsIntelligence Analyst, Large Business & Internationals, Offshore Compliance ProgramAuditor, Large Business & Internationals, Offshore Compliance ProgramCase Profiler, Large Business & Internationals, Offshore Compliance ProgramBusiness Leader, Client Account Services, Client Register Business Analyst, Client Account Services, Client Register Assistant Director, Serious Non-Compliance, IntelligenceIntelligence Analyst, Serious Non-ComplianceAssistant Director, Serious Non-Compliance, OperationsAuditor, Serious Non-ComplianceInvestigator, Serious Non-ComplianceIntelligence Analyst, SuperannuationTracing Officer, Tax Practitioner and Lodgement Strategy, ProjectsPre-issue Fraud Case Officer, Medium Enterprise & Individuals, Active Compliance IndividualsTechnical Advisor, Client Account Services, Client RegisterIntelligence Analyst, Micro Enterprise & Individuals, Active Compliance IndividualsData Analyst, Micro Enterprise & Individuals, Risk & Information Management ServicesRisk & Intelligence Analyst, Micro Enterprise & Individuals, Risk & Information Management ServicesManager, Small & Medium Enterprises, InternationalsAuditor, Small & Medium Enterprises, InternationalsHWI Identification Analyst, Small & Medium EnterprisesClient Identification Analyst, Small & Medium EnterprisesData Analyst, Small & Medium EnterprisesData Integrity/Information Collection Officer, Small & Medium EnterprisesHWI Auditor, Small & Medium Enterprises, Active CompliancePhoenix Auditor, Small & Medium Enterprises, General ComplianceFraud Profiler, Goods and Services Tax, Refund Integrity (Risk & Strategy)Fraud Manager, Goods and Services Tax, Refund Integrity (Risk & Strategy)Business Manager, Goods and Services Tax, MicroBusiness Support, Goods and Services Tax, Micro |
| 6 | Office of State Revenue, NSW Treasury | Director, Compliances1830, s989, s1548, s1596, s1864, s1516, s1514, s1756, s1469, s1462, s1522, s1755, s1520, s1515, s1467, s1519, s1521, s1456, s1547, s1865, s1866, s1867, s1513 |
| 7 | The State Revenue Office, Victorian Department of Treasury and Finance | Investigations Branch Manager |
| 8 | Office of State Revenue, Queensland Treasury | Senior Revenue Officer, Land TaxManager, Land Tax |
| 9 | Tasmanian State Revenue Office, Department of Treasury and Finance | Assistant Commissioner, ComplianceManager, Investigations |
| 10 | Office of State Revenue, Department of Treasury and Finance of Western Australia | Chief Compliance OfficerPrincipal Compliance OfficerSenior Taxation InvestigatorTaxation Audit SpecialistTaxation Investigator Grade IIITaxation Investigator Grade IITaxation SpecialistTaxation Services Officer |
| 11 | Revenue SA, Department of Treasury and Finance | Team Leader, Revenue Advice & Audit |
| 12 | Territory Revenue Management, Northern Territory Treasury | Assistant Director, Compliance |
| 13 | ACT Revenue Office, Department of Treasury | Manager, ComplianceAssistant Manager, Compliance |
| 14 | Attorney-General’s Department | Legal Officer, Offender Justice and Management sectionProject Officer, Offender Justice and Management sectionSenior Legal Officer, Offender Justice and Management sectionPrincipal Legal Officer, Offender Justice and Management section |
| 15 | Attorney-General’s Department | Assistant Secretary, International Crime Cooperation BranchDirector, Extradition UnitPrincipal Legal Officer, Extradition UnitSenior Legal Officer, Extradition UnitLegal Officer, Extradition UnitCase Officer, Extradition UnitGraduate, Extradition Unit |
| 16 | State Debt Recovery Office,Office State Revenue NSW Treasury | Assistant Director, OperationsAssistant Director, Client ServicesManager, Adjudication & ComplianceManager, EnforcementSenior Manager, Business Relationships & Development |
| 17 | Department of Defence | 117850, 118319, 118378, 118452, 128864, 487180 , 491611, 502999, 511733 |
| 18 | Department of Foreign Affairs and Trade | 38, 135, 136, 138, 139, 140, 144, 145, 146, 147, 149, 150, 151, 152, 153, 155, 157, 158, 159, 160, 163, 164, 165, 166, 167, 168, 169, 170, 172, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 188, 199, 233, 271, 280, 282, 291, 293, 294, 301, 302, 310, 324, 335, 344, 345, 363, 378, 380, 384, 386, 394, 395, 396, 399, 400, 402, 407, 412, 413, 414, 431, 433, 434, 440, 441, 445, 449, 450, 453, 454, 458, 459, 460, 461, 462, 463, 464, 465, 467, 468, 470, 480, 481, 483, 495, 496, 497, 520, 526, 540, 545, 547, 554, 555, 556, 558, 559, 565, 566, 567, 579, 581, 582, 583, 609, 626, 627, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 662, 665, 666, 667, 668, 673, 676, 677, 680, 683, 684, 693, 694, 695, 696, 697, 698, 699, 700, 712, 718, 874, 875, 876, 878, 911, 1011, 1013, 1015, 1017, 1020, 1023, 1078, 1092, 1146, 1225, 1265, 1272, 1275, 1280, 1293, 1294, 1323, 1344, 1362, 1470, 1508, 1527, 1733, 1805, 1922, 2105, 2274, 2660, 2909, 2980, 3039, 3064, 3198, 3342, 3451, 3495, 3528, 3538, 3715, 3824, 5033, 5078, 5083, 5084, 5107, 5108, 5109, 5111, 5194, 5195, 5198, 5200, 5209, 5210, 7269, 7289, 10032, 11125 |
| 19 | AusCheck, Attorney-General’s Department | Processing Supervisor, 2501506Processing Supervisor, 2501507Assessor, 2501509Assessor, 2501510Assessor, 2501511Assessor, 2501512Assessor, 2501513Assessor, 2501514Assessor, 2501514Processing Officer, 2501508 |
| 20 | Attorney-General’s Department | Assistant Secretary, Mutual Assistance and Extradition Branch;Director, Mutual Assistance SectionPrincipal Legal Officer, Mutual Assistance SectionSenior Legal Officer, Mutual Assistance Section Legal Officer, Mutual Assistance SectionCase Officer, Mutual Assistance Section Graduate, Mutual Assistance Section |
| 21 | Australian Security Intelligence Organisation | Assessor |
| 22 | Department of Human Services, New South Wales | Manager, CaseworkManager, Client ServicesDirector, Adoption and Permanent Care ServicesDirector, Child and FamilyDirector, Legal ServicesRegional Director |