1Migration 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).