Australian Citizenship Act 2007 - Instrument of Authorisation under subsections 40(3), 40(4), 42(3) and 42(4) - March 2012

Link to law: https://www.comlaw.gov.au/Details/F2012L00558

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Commonwealth of Australia
 
 
Australian Citizenship Act 2007
 
 
INSTRUMENT OF AUTHORISATION
(SUBSECTIONS 40(3), 40(4), 42(3) AND, 42(4))
 
I, CHRIS BOWEN, Minister for Immigration and Citizenship:
 
1.                  REVOKE Instrument number IMMI 10/084 signed on 23 February 2011 delegating my powers and authorising persons and classes of persons under certain provisions of the Australian Citizenship Act 2007 (‘the Act’); AND
 
2.                  ACTING under subsection 40(3) of the Act, AUTHORISE each person from time to time holding, occupying or performing the duties of a position that is mentioned in Schedule 1 to this Instrument to request, in writing, an applicant to provide one or more personal identifiers; AND
 
3.         ACTING under subsection 40(4) of the Act, AUTHORISE each person in a class of persons, from time to time holding, occupying or performing the duties of a position that is mentioned in Schedule 2 to this Instrument to request, in writing, an applicant to provide one or more personal identifiers; AND
 
4.         ACTING under subsection 42(3) of the Act:
 
            (a)           AUTHORISE each person from time to time holding, occupying or performing the duties of a position that is mentioned in Schedule 1 to this Instrument to access any kind of identifying information for any one or more of the purposes specified in Schedule 3 to this instrument; AND
 
            (b)          AUTHORISE each person, and each person in a class of persons, from time to time holding, occupying or performing the duties of a position that is mentioned in Schedule 2 to this Instrument to access any kind of identifying information for any one or more of the purposes specified in Schedule 3 to this instrument.
 
5.                  ACTING under sub-subsections 42(4)(a) and 42(4)(c) of the Act:
 
 
 
(a)                AUTHORISE officers at the level of APS3 level and above of the Department of Human Services who are citizenship test administrators who will be required to authenticate the identity of a person seeking to sit a test before allowing that person to take an approved citizenship test; AND
 
(b)        AUTHORISE course convenors who are employed by AMEP to conduct course based tests.
 
6.         For the purposes of this instrument ‘identifying information’ means identifying information as defined by the Act.
 
 
This Instrument, number IMMI 11/089, commences on 24 March 2012.
 
 
 
 
Dated       01 March    2012
 
 
 
Chris Bowen
 
Minister for Immigration and Citizenship
 
 
 
 
 
 
 
 
 
[NOTE 1:      Subsection 40(3) of the Act provides that the Minister may, by writing, authorise a person to request an applicant to provide one or more specified personal identifiers.
NOTE 2:       Subsection 40(4) of the Act provides that the Minister may, by legislative instrument, authorise a class of persons to request an applicant to provide one or more specified personal identifiers.
NOTE 3:       Subsection 42(3) of the Act provides that the Minister may, in writing, authorise a specified person, or any person included in a specified class of persons, to access identifying information of the kind specified in the authorisation.
NOTE 4:       Subsection 42(4) provides that the Minister must specify in an authorisation under subsection 42(3) as the purpose or purposes for which access is authorised, one or more of the purposes mentioned in subsection 42(4).
NOTE 5:       Sub-subsection 42(4)(a) provides that the Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, for one or more purposes including either or both of the purposes set out in paragraph 10(2)(c).
NOTE 6:       Sub-subsection 42(4)(c) provides that the Minister must specify in an authorisation under subsection (3), as the purpose or purposes for which access is authorised, for one or more purposes including administering or managing the storage of identifying information.
NOTE 7:      Sub-subsection 10(2)(c) provides that before the Governor-General makes regulations for the purposes of paragraph (1)(f) prescribing an identifier, the Minister must be satisfied that obtaining the identifier is necessary for either or both of the following purposes; assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2 or seeking to sit a test approved in a determination under section 23A; and combating document and identity fraud in citizenship matters.]
 
 
 
 
SCHEDULE 1
 
 
NATIONAL OFFICE
Secretary (1)
Deputy Secretary (220), (5074), (7161)
First Assistant Secretary (3340)
Assistant Secretary (3355)
Executive Level 2 (2704), (7120), (9698)
 
 
NORFOLK ISLAND
Position Numbers: 73769697, 82512092
Norfolk Island Administration PN 234 only when the occupant is also an Australian citizen.
 
 
Christmas Island & Cocos (Keeling) Islands
 
Deputy Administrator, Christmas Island & Cocos (Keeling) Islands
 
 
OVERSEAS
 
A person who:
 
(a)        is an Australian citizen; and
(b)        has a security clearance of “Protected” and
(c)        is outside Australia; and
(d)       is employed at an Australian overseas mission; and
(e)        is, for the time being, occupying position number 10284, 10285, 10533, 10534, 10535, or 10536.
 
DHS OFFICERS
 
Officers at the level of APS3 level and above of the Department of Human Services who are citizenship test administrators or test invigilators who will be required to authenticate the identity of a person seeking to sit a test before allowing that person to take an approved test.
 
 
SCHEDULE 2
 
ICSE USERS
All authorised users of the Department of Immigration and Citizenship Integrated Client Services Environment (ICSE) system.
 
STATE, TERRITORY, REGIONAL AND AREA OFFICES
A person who:
(a) is performing duties under or for the purposes of the Australian Citizenship Act 2007; and
(b) is for the time being the holder of, or is performing the duties of, a position in a State, Territory, Regional or Area Office of the Department of Immigration and Citizenship being a position classified:
(i)   as a Senior Executive Service position; or
(ii)  at the level of Executive Level 2 or 1; or
(iii) at the level of APS Level 6, 5 or 4.
 
OVERSEAS
(1) A person who:
 
(a)        is an Australian citizen; and
(b)        is outside Australia; and
(c)        is for the time being the holder of, or is performing the duties of, a position in the Department of Immigration and Citizenship being a position classified:
(i)          at the level of Executive Level 2 or 1; or 
(ii)        at the level of Australian Public Service Level 6.
 
 
(2) Australian diplomatic, consular and trade representatives:
 
(a)                Australian High Commissioners;
(b)               Australian Ambassadors;
(c)                Australian Ministers;
(d)               Australian Chargés d’Affaires; Australian Chargés d’Affaires ad interim;
(e)                Australian Deputy High Commissioners;
(f)                Australian Consuls General;
(g)               Australian Consuls;
(h)               Australian Trade Commissioners at posts where they are the Senior Australian Government representative; and
(i)                 Australian Trade Officers at posts where Australian Trade Commissioners are the Senior Australian Government representatives.
 
SCHEDULE 2 (Continued)
 
 
(3) Officers attached to the staff of missions as:
 
(a)                Minister-Counsellor;
(b)               Counsellor;
(c)                First Secretary; Second Secretary; Third Secretary;
(d)               Vice Consul; Attaché (Consular, Administrative);
(e)                Senior Executive Service Band 1; Executive Level 2; Executive Level 1; and APS Level 6.
 
DHS OFFICERS
 
Officers at the level of APS3 level and above of the Department of Human Services who are citizenship test administrators or test invigilators who will be required to authenticate the identity of a person seeking to sit a test before allowing that person to take an approved test.
 
 
 
 
 
 
SCHEDULE 3
 
 
 
Purposes for which access is authorised under subsection 42(3)
 
1.         Where obtaining the identifier is necessary for either or both of the following purposes:
(a)        assisting in the identification of, and to authenticate the identity of, a person making an application under Part 2;
(b)        combating document and identity fraud in citizenship matters;
 
2.         Disclosing identifying information in accordance with Divisions in Part 2 of the Act;
 
3.         Administering or managing the storage of identifying information;
 
4.         Making identifying information available to the person to whom it relates;
 
5.         Modifying identifying information to enable it to be matched with other identifying information;
 
6.         Modifying identifying information in order to correct errors or ensure compliance with appropriate standards;
 
7.         The purposes of the Act or of the Migration Act 1958 or the regulations made under those Acts;
 
8.         Complying with Australian laws.