Migration Regulations 1994 - Specification of Access to Movement Records - September 2012

Link to law: https://www.comlaw.gov.au/Details/F2013L00444

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 11/049 signed by the Minister on 1 December 2011 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 12/055, commences day after registration on the Federal Register of Legislative Instruments.
 
 
Dated 4 September    2012
 
 
 
                                                            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 by any means, use or disclose any part of movement records otherwise than in accordance with an authority given under subsection 488(2). Subsection 488(2)(a) 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 6:    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.
NOTE 7:    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 prohibited by subsection 488(1).]
SCHEDULE A
 
Column 1
Item No.
Column 2
Legislation

  Veterans’ Entitlements Act 1986 (Cth)

  Aviation Transport Security Act 2004 (Cth)
Civil Aviation Act 1988 (Cth)
Civil Aviation Regulations 1988 (Cth)
Civil Aviation Safety Regulations 1988 (Cth)
Criminal Code Act 1995 (Cth)

  A New Tax System (Family Assistance) (Administration) Act 1999 (Cth)
A New Tax System (Family Assistance) Act 1999 (Cth)
Child Care Act 1972 (Cth)
Child Support (Assessment) Act 1989 (Cth)
Child Support (Registration & Collection) Act 1988 (Cth)
Social Security Act 1991 (Cth)
Social Security Administration Act 1999 (Cth)
Student Assistance Act 1973 (Cth)

  A New Tax System (Australian Business Number) Act 1999 (Cth)
A New Tax System (Goods & 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)
Fringe Benefits Tax Assessment Act 1986 (Cth)
Income Tax Assessment Act 1936 (Cth)
Income Tax Assessment Act 1997 (Cth)
Retirement Savings Accounts Act 1997 (Cth)
Superannuation (Government Co-contribution for Low Income Earners) Act 2003 (Cth)
Superannuation (Unclaimed Money & Lost Members) Act 1999 (Cth)
Superannuation Contributions Tax (Assessment & Collection) Act 1997 (Cth)
Superannuation Contributions Tax (Members of Constitutionality Protected Superannuation Funds) Assessment & Collection Act 1997 (Cth)
Superannuation Guarantee (Administration) Act 1992 (Cth)
Superannuation Industry (Supervision) Act 1993 (Cth)
Taxation Administration Act 1953 (Cth)

  Duties Act 1997 (NSW)
First Home Owner Grant Act 2000 (NSW)
Land Tax Act 1956 (NSW)
Land Tax Management Act 1956 (NSW)
Payroll Tax Act 2007 (NSW)
Taxation Administration Act 1996 (NSW)

  First Home Owner Grant Act 2000 (VIC)
Taxation Administration Act 1997 (VIC)

  Building Boost Grant Act 2011 (QLD)
First Home Owner Grant Act 2000 (QLD)
Land Tax Act 2010 (QLD)
Taxation Administration Act 2001 (QLD)

  First Home Owner Grant Act 2000 (TAS)
Taxation Administration Act 1997 (TAS)

  First Home Owner Grant Act 2000 (WA)
Taxation Administration Act 2003 (WA)

  First Home Owner Grant Act 2000 (SA)
Land Tax Act 1936 (SA)
Taxation Administration Act 1996 (SA)

  First Home Owner Grant Act (NT)
Taxation Administration Act (NT)

  First Home Owner Grant Act 2000 (ACT)
Taxation Administration Act 1999 (ACT)

  Criminal Code 1995 (Cth)
Extradition Act 1988 (Cth)
Family Law (Child Abduction Convention) Regulations 1986 (Cth)
Family Law (Child Protection Convention) Regulations 2003 (Cth)
International Transfer of Prisoners Act 1997 (Cth)
The Mutual Assistance in Criminal Matters Act 1987 (Cth)

  Crimes Act 1900 (NSW)
Fines Act 1996 (NSW)
Oaths Act 1900 (NSW)
Road Transport (Driver Licensing) Act 1998 (NSW)
Road Transport (Driver Licensing) Regulation 1999 (NSW)
Road Transport (General) Act 2005 (NSW)
Road Transport (General) Regulation 2005 (NSW)
Statutory Declarations Act 1959 (Cth)

  Intelligence Services Act 2001 (Cth)

  Australian Passports Act 2005 (Cth)

  AusCheck Act 2007 (Cth)
Aviation Transport Security Act 2004 (Cth)
Aviation Transport Security Regulations 2005 (Cth)
Maritime Transport and Offshore Facilities Security Act 2003 (Cth)
Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth)

  Australian Security Intelligence Organisation Act 1979

  Children and Young Persons (Care & Protection) Act 1998 (NSW)
Children and Young Persons (Care & Protection) Regulations 2000 (NSW)
Immigration (Guardianship of Children) Act 1946 (Cth)
Immigration (Guardianship of Children) Regulations 2001 (Cth)
Adoption Act 2000 (NSW)
Adoption Regulations 2003

  Bail Act 1982
Prisons Act 1981
Sentencing Act 1995
Sentence Administration Act 2003

  Tax Agent Services Act 2009

  Migration Act 1958
Migration Regulations 1994

  Bankruptcy Act 1966 (Cth)
Bankruptcy Regulations 1996 (Cth)

  Australian Crime Commission Act 2002 (Cth)
Criminal Code Act 1995 (Cth)
Weapons Act 1990 (QLD)
Drugs Misuse Act 1986 (QLD)

 
 
 
 
SCHEDULE B
 
Column 1. Item No.
Column 2
Agency
Column 3
Position Numbers/Position Title
Column 4
Purpose

  Department of Veterans’ Affairs
APS6 Team Leader,  Payments & Bereavement
APS6 Team Leader, Debt Management Unit
Assistant Director, Claims & S57
Assistant Director, Compliance & Review Exercises
Assistant Director, Debt Management & Data Matching
Director,  Income Support  (Payments, Bereavement, Advices &  Debt Recovery)
Director,  Income Support  (Reviews & Governance  
Director, Income Support  (Claims, Aged Care & Procedures) 
For the purpose of verification of immigration status and residence status for the assessment and verification of eligibility and entitlements to benefits payments.

  Civil Aviation Safety Authority (CASA)
1322, 1328, 1329, 1330, 1331, 1332, 1357, 1775, 1776, 1788, 1983, 2136, 2576
For the purpose of verification of immigration status and residence; and for movement status into and out of Australia.

  Department of Human Services
All staff with the responsibility for processing Family payments and services, and providing assistance with claim forms, Families and Child Care International Claims Team
An employee at APS level 2 and higher, International Services
An employee at APS level 3 and higher, Assurance of Support Team, Multicultural Services Branch
An employee at APS level 3 and higher, Immigration Datamatching Team
An employee at APS level 3 and higher, Operations Division, Child Support Program
An employee at APS level 4 and higher, Older Australian and International Branch
An employee at APS level 4 and higher, ICT Level 2 Service Desk, ICT Infrastructure Division
An employee at APS level 4 and higher, Intelligence Analysis Unit
An employee at APS level 4 and higher, Intelligence Section
An employee at APS level 4 and higher, International Review Team, Customer Compliance Branch
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.
 
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; and for identification and prevention of overpayments; and to ensure accuracy of claimant data.

  Australian Taxation Office
Assistant Director, Excise, Risk & Intelligence
Assistant Director, Serious Non-Compliance, Intelligence
Assistant Director, Serious Non-Compliance, Operations
Auditor, Large Business & Internationals, Offshore Compliance Program
Auditor, Micro Enterprise & Individuals, Micro Active Compliance
Auditor, Serious Non-Compliance
Auditor, Small & Medium Enterprises, Internationals
Business Analyst, Client Account Services, Client Register
Business Leader, Client Account Services, Client Register
Business Manager, Goods & Services Tax, Micro
Business Support, Goods & Services Tax, Micro
Case Leader, Micro Enterprise & Individuals, Micro Active Compliance
Case Officer, Goods & Services Tax, Cash Economy
Case Profiler, Goods & Services Tax, Complex Audit
Case Profiler, Large Business & Internationals, Offshore Compliance Program
Case Profiling Manager, Goods & Services Tax, Complex Audit
Client Identification Analyst, Small & Medium Enterprises
Client Officer, Client Account Services, Unclaimed Super Money
Data Analyst, Micro Enterprise & Individuals, Risk & Information Management Services
Data Analyst, Small & Medium Enterprises
Data Integrity/Information Collection Officer, Small & Medium Enterprises
Director, Goods & Services Tax, Complex Audit
Fraud Manager, Goods & Services Tax, Refund Integrity (Risk & Strategy)
Fraud Profiler, Goods & Services Tax, Refund Integrity (Risk & Strategy)
HWI Auditor, Small & Medium Enterprises, Active Compliance
HWI Identification Analyst, Small & Medium Enterprises
Intelligence Analyst, Aggressive Tax Planning, Promoter Intelligence
Intelligence Analyst, Excise
Intelligence Analyst, Goods & Services Tax, Complex Audit
Intelligence Analyst, Large Business & Internationals, International Relations
Intelligence Analyst, Large Business & Internationals, Offshore Compliance Program
Intelligence Analyst, Micro Enterprise & Individuals, Active Compliance Individuals
Intelligence Analyst, Serious Non-Compliance
Intelligence Analyst, Superannuation
Investigator, Serious Non-Compliance
Manager, Small & Medium Enterprises, Internationals
Phoenix Auditor, Small & Medium Enterprises, General Compliance
Pre-Issue Fraud Case Officer, Medium Enterprise & Individuals, Active Compliance Individuals
Pre-Issue Fraud Case Officer, Micro Enterprise & Individuals, Active Compliance Individuals
Risk & Intelligence Analyst, Micro Enterprise & Individuals, Risk & Information Management Services
Search Officer, Debt
Technical Advisor, Client Account Services, Client Register
Tracing Officer, Tax Practitioner & Lodgement Strategy, Projects
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 to assist in the location of individuals.

  Office of State Revenue, NSW Treasury
Compliance Manager, Operations Division
Operations Manager, Operations Division
Operations Team Leader, Operations Division
Senior Compliance Officer, Operations Division
Senior Operations Officer, Operations Division
Operations Officer , Operations Division
Compliance Officer, Operations Division
Assistant Compliance Officer, Operations Division
Senior Prosecutions Officer, Operations Division
Prosecutions Officer, Operations Division
Manager, Compliance Support and Intelligence, Operations Division
Senior Business and Research Analyst, Operations Division
Business and Research Analyst, Operations Division
Assistant Business and Research Analyst, Operations Division
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 liabilities.

  The State Revenue Office, Victorian Department of Treasury and Finance
Manager, Investigations Branch
For the purpose of verification of immigration status, residence status and absences from Australia for assessment of eligibility and entitlements under the First Home Owner Grant Scheme; and to determine the level of compliance with the provisions of the Taxation Administration Act 1997 (VIC).

  Office of State Revenue, Queensland Treasury
Manager, Land Revenue
Revenue Officer, Land Revenue
Senior Revenue Officer, Land Revenue
For the purpose of verification of immigration status and residence status for assessment of eligibility for land tax and entitlements under the First Home Owner Grant Scheme; and to assist in the investigation and determination of taxation and duties liabilities.

  Tasmanian State Revenue Office, Department of Treasury and Finance
Assistant Director Compliance
Deputy Commissioner of State Revenue
For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme.

  Office of State Revenue, Department of Finance Western Australia
Assistant Director Compliance Group 1
Director Compliance
Principal Specialist Compliance Officer
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 for purposes of any requirement under the Taxation Administration Act 2003 (WA).

  Revenue SA, Department of Treasury and Finance
Assistant Commissioner of State Taxation
Deputy Commissioner of State Taxation
Principal Compliance Officer
Principal Debt Management Officer
For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Act 2000 (SA) and to assist with the administration and enforcement of the Land Tax Act 1936 (SA) and the Taxation Administration Act 1996 (SA).

  Territory Revenue Office, Northern Territory Treasury
Assistant Director, Revenue Collections
Director, Revenue Collections
For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant Scheme.

  Australian Capital Territory Revenue Office, Treasury Directorate
Assistant Manager, Compliance
Manager, Compliance
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 the Home Buyer Concession Scheme.

  Attorney-General’s Department
Assistant Secretary, Family Law Branch
Assistant Secretary, International Crime Cooperation Branch
Assistant Secretary, Mutual Assistance & Extradition Branch;
Case Officer, Extradition Unit
Case Officer, International Family Law Section
Case Officer, Mutual Assistance Section
Director, Extradition Unit
Director, International Family Law Section
Director, Mutual Assistance Section
Executive Level 1, International Family Law Section
Graduate, Extradition Unit
Graduate, Mutual Assistance Section
Legal Officer, Extradition Unit
Legal Officer, International Family Law Section
Legal Officer, Mutual Assistance Section
Legal Officer, Offender Justice & Management Section
Principal Legal Officer, Extradition Unit
Principal Legal Officer, International Family Law Section
Principal Legal Officer, Mutual Assistance Section
Principal Legal Officer, Offender Justice & Management Section
Project Officer, Offender Justice & Management Section
Senior Legal Officer, Extradition Unit
Senior Legal Officer, International Family Law Section
Senior Legal Officer, Mutual Assistance Section
Senior Legal Officer, Offender Justice & Management Section
For the purpose of processing applications by prisoners for international transfer in accordance with the Extradition Act 1988.
 
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.
 
For the purposes of making or responding to mutual assistance requests made under the Mutual Assistance in Criminal Matters Act 1987.
 
For the purpose of exercising child protection measures and assisting to combat child abduction.

  State Debt Recovery Office, Office of State Revenue, NSW Treasury
Assistant Director, Client Services
Assistant Director, Operations,
Manager, Adjudication & Compliance
Manager, Fines Debt
Manager, Fines Priority Debt
Manager, Fines Reconciliation
Senior Manager, Business Relationships & Development
For the purpose of assisting in the investigation, prosecution and enforcement of fines and penalties including the location of individuals falsely nominated for demerit point driving offences.

  Department of Defence
Assistant Director Compliance
Assistant Director Oversight
Compliance Officer Capability
Compliance Officer Reporting
Director Compliance & Oversight
Principal Compliance Officer Capability
Principal Compliance Officer Oversight
Principal Compliance Officer Reporting
Senior Compliance Officer Capability
Senior Compliance Officer Oversight
Senior Compliance Officer Reporting
For the purposes of verifying a person’s nationality to determine whether Ministerial authorisation is required for performance of activities specified in the Intelligence Services Act 2001.

  Department of Foreign Affairs and Trade
Consular Officers, Canberra
Consular Officer, Passports, London
Consular Officer, Passports, Washington
Director, Passports/Consular, Washington
Eligibility Officer, Passports, Adelaide
Eligibility Officer, Passports, Brisbane
Eligibility Officer, Passports, Canberra
Eligibility Officer, Passports, Darwin
Eligibility Officer, Passports, London
Eligibility Officer, Passports, Melbourne
Eligibility Officer, Passports, Newcastle
Eligibility Officer, Passports, Perth
Eligibility Officer, Passports, Sydney
Eligibility Officer, Passports, Hobart
Fraud Officer, Passports, Brisbane
Fraud Officer, Passports, Canberra
Fraud Officer, Passports, Melbourne
Fraud Officer, Passports, Perth
Fraud Officer, Passports, Sydney
Manager, Passports, Adelaide
Manager, Passports, Brisbane
Manager, Passports, Canberra
Manager, Passports, Darwin
Manager, Passports, Hobart
Manager, Passports, London
Manager, Passports, Melbourne
Manager, Passports, Newcastle
Manager, Passports, Perth
Manager, Passports, Sydney
Manager, Passports, Washington
Officers, Consular Emergency Centre (CEC), Canberra
Officers, Passport Policy and Operations Section (PPOS) – Canberra
Protocol Officers, Canberra
Policy Officers, Passports, Canberra
Regional Director, Passports, Brisbane
Regional Director, Passports, Canberra
Regional Director, Passports, Melbourne
Regional Director, Passports, Sydney
For the purpose of issuing and administering passports under the Australian Passports Act 2005.

  AusCheck, Attorney-General’s Department
Assessors
Team Leaders
Assistant Director (BCO)
Director (BCO)
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

  Australian Security Intelligence Organisation
Assessors
For the purposes of the functions of section 17 of the Australian Security Intelligence Organisation Act 1979.

  Department of Family and Community Services, New South Wales
Director, Adoption & Permanent Care Services
Director, Child & Family
Director, Legal Services
Manager, Casework
Manager, Client Services
Regional Director
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.

  Department of Corrective Services, Western Australia
Information Compliance Officer - 006851
Manager Information Release - 011979
Records Management Administrator – 009486
Senior Information Management Officer - 009557
For the purpose of enforcing and administering WA legislation in relation to criminal justice and monitoring movements of parolees in relation to parole violations and return-to-prison warrants.

  Tax Practitioners Board
 
 
 
Chair
Director of Legal Unit
Director of Regulatory Assurance
Secretary
Senior Advisor to the Chair
Senior Legal Officer
For the purpose of verifying the immigration and residence status of individuals being investigated in relation to breaches of the Tax Agent Services Act 2009.

  Department of Immigration and Citizenship
APEC Business Travel Card Assessors
Ongoing Immigration Reporting Analysts
For the purpose of integrated management reporting and analysis under the Migration Act 1958 and assessing an Australian applicant’s eligibility for the APEC Business Travel Card which is administered by DIAC.

  Insolvency and Trustee Service Australia
National Manager, Business Services
National Manager, Regulation and Enforcement
Assistant National Manager, Trustee Services
Assistant National Manager, Information and Registries
Assistant National Manager, Regulation and Enforcement
Business Manager, Trustee Services
Business Manager, Information and Registries
Business Manager, Regulation and Enforcement
For the purposes of verification of immigration and residence status, and movement status into and out of Australia to assist the administration of the Bankruptcy Act 1966, including the administration of bankrupt estates and the regulation of personal insolvency practitioners.

  Australian Crime Commission
Employees of the Fusion Section
Employees of the Advanced Analytics Team
Employees of the Fusion Collection Team
Employees of the Financial Intelligence Assessment Team
For purposes connected with, or reasonably incidental to, the performance of one or more of the functions of the Australian Crime Commission set out in section 7A of the Australian Crime Commission Act 2002 (Cth).

 
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