7Transfer of records to the Commonwealth — records relating to immigration, customs and citizenship

7 Transfer of records to the Commonwealth – records relating to immigration, customs and citizenship

(1) This section is made for the purposes of subitem 366(3) of Schedule 2 to the NILA Act. (2) This section applies to any records or documents that: (a) were in the possession of the Administration immediately before the final transition time; and (b) meet any of the following conditions: (i) they contain: (A) data from systems that record movements of persons to or from Norfolk Island, including Burrows system and ERP suite or any other databases that document the movement of people or goods; or (B) other information relating to the arrival of persons in, or the departure of persons from, Norfolk Island; (ii) they relate to permissions to enter or remain in Norfolk Island; (iii) they are accountable documents; (iv) they are registers of accountable documents; (v) they otherwise relate to a relevant matter; and (c) are not excluded records. (3) Subitem 366(2) of Schedule 2 to the NILA Act does not apply to a record or document to which this section applies. (4) Records or documents to which this section applies are to be transferred to the Commonwealth after the final transition time. (5) In this section: (a) accountable documents are validated official documents that: (i) are prepared for the purposes of a relevant matter; (ii) may have a monetary value; and (iii) are required by Commonwealth laws or policies to be accounted for. Examples:

visa labels temporary travel documents Document for Travel to Australia citizenship certificates any other material prepared for the purpose of issuing permissions to enter or remain in Norfolk Island.

(b) A record or document is an excluded record if: (i) it contains information that can only be read and accessed by the Commonwealth with the aid of a device, software licence or other thing that was an asset of the Administration immediately before the final transition time; and (ii) an arrangement was in place immediately before the final transition time for the information to be provided to the Commonwealth in a form that can be read and accessed by the Commonwealth without such aid. Note: Where there was no arrangement in place immediately before the final transition time for the information to be provided to the Commonwealth in a form that can be read and accessed by the Commonwealth without such aid, the record or document is to be transferred to the Commonwealth under this section, and the device, software or other thing that is required to enable the Commonwealth to read or access the information becomes an asset of the Commonwealth at the final transition time according to section 8 of this rule. (c) relevant matter means the administration or enforcement of the laws of Norfolk Island or the Commonwealth in relation to immigration, customs or citizenship.