Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - December 2011

Link to law: https://www.comlaw.gov.au/Details/F2011L02788

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 10/062 signed by the Minister on 20 October 2010 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 11/049, commences on the day after signature.
 
Dated              1 December  2011
 
 
 
 
          
                        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, 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 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. 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 prescribed purposes.]
 
SCHEDULE A
 
 
 
Legislation

A New Tax System (Australian Business Number) Act 1999 (Cth)
A New Tax System (Family Assistance) (Administration) Act 1999 (Cth)
A New Tax System (Family Assistance) 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)
AusCheck Act 2007 (Cth)
Australian Passports Act 2005 (Cth)
Australian Security Intelligence Organisation Act 1979 (Cth)
Aviation Transport Security Act 2004 (Cth)
Aviation Transport Security Regulations 2005 (Cth)
Child Care Act 1972 (Cth)
Child Support (Assessment) Act 1989 (Cth)
Child Support (Registration & Collection) Act 1988 (Cth)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Children and Young Persons (Care and Protection) Regulation 2000 (NSW)
Civil Aviation Act 1988 (Cth)
Civil Aviation Regulations 1988 (Cwth)
Civil Aviation Safety Regulations 1998 (Cth)
Crimes Act 1900 (NSW)
Criminal Code 1995 (Cth)
Duties Act 1997 (NSW)
Extradition Act 1988 (Cth)
Family Law (Child Abduction Convention Regulations 1986 (Cth)
Family Law (Child Protection Convention) Regulations 2003 (Cth)
Fines Act 1996 (NSW)
First Home Owner Grant Act 2000 (ACT)
First Home Owner Grant Act 2000 (NSW)
First Home Owner Grant Act 2000 (NT)
First Home Owner Grant Act 2000 (QLD)
First Home Owner Grant Act 2000 (SA)
First Home Owner Grant Act 2000 (TAS)
First Home Owner Grant Act 2000 (VIC)
First Home Owner Grant Act 2000 (WA)
Fringe Benefits Tax Assessment Act 1986 (Cth)
Immigration (Guardianship of Children) Act 1946 (Cth)
Immigration (Guardianship of Children) Regulations 2001 (Cth)
Income Tax Assessment Act 1936 (Cth)
Income Tax Assessment Act 1997 (Cth)
Intelligence Services Act 2001 (Cth)
International Transfer of Prisoners Act 1997 (Cth)
Land Tax Act 1956 (NSW)
Land Tax Act 2010 (QLD)
Land Tax Management Act 1956 (NSW)
Maritime Transport and Offshore Facilities Security Act 2003 (Cth)
Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth)
Migration Act 1958 (Cth)
Mutual Assistance in Criminal Matters  Act  1987 (Cth)
Oaths Act 1900 (NSW)
Payroll Tax Act 2007 (NSW)
Retirement Savings Accounts Act 1997 (Cth)
Road Transport (Driver Licensing) Act 1998 (NSW)
Road Transport (Driver Licensing) Regulation 2008 (NSW)
Road Transport (General) Act 2005 (NSW)
Road Transport (General) Regulations 2005 (NSW)
Social Security Act 1991 (Cth)
Social Security Administration Act 1999 (Cth)
Statutory Declarations Act 1959 (Cth)
Student Assistance Act 1973 (Cth)
Superannuation (Government Co-Contribution for Low Income Earners) Act 2003 (Cth)
Superannuation (Unclaimed Money and Lost Members) Act 1999 (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 Guarantee (Administration) Act 1992 (Cth)
Superannuation Industry (Supervision) Act 1993 (Cth)
Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth)
Taxation (Administration) Act (NT)
Taxation Administration Act 1953 (Cth)
Taxation Administration Act 1996 (NSW)
Taxation Administration Act 1996 (SA)
Taxation Administration Act 1997 (TAS)
Taxation Administration Act 1997 (VIC)
Taxation Administration Act 1999 (ACT)
Taxation Administration Act 2001 (QLD)
Taxation Administration Act 2003 (WA)
Veterans’ Entitlements Act 1986 (Cth)

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

1
Department of Veterans’ Affairs
APS6 Team Leader, Data Matching Investigations Unit;
Assistant Director, Compliance and Review;
Director, Compliance and Review;
Director, Income Support Systems; and
Income Support Systems Technical Support Officer.
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)
1251, 1283, 1284, 1300, 1322, 1328, 1329, 1330, 1331, 1332, 1357, 1764, 1775, 1776, 1788, 1810, 2136, 9357, 9370.
For the purpose of verification of immigration status and residence. For movement status into and out of Australia.

3
Department of Infrastructure and Transport 
Security Identification Team
For the purpose of verifying status of applicants for aviation security identification card checks and maritime security identity card checks.

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

5
Australian Taxation Office
Assistant Director, Excise, Risk & Intelligence
Assistant Director, Serious Non-Compliance, Operations
Auditor, Serious Non-Compliance
Auditor, Large Business & Internationals, Offshore Compliance Program
Auditor, Micro Enterprise & Individuals, Micro Active Compliance
Auditor, Small & Medium Enterprises, Internationals
Business Leader, Client Account Services, Client Register Business Analyst, Client Account Services, Client Register Assistant Director, Serious Non-Compliance, Intelligence
Business Manager, Goods and Services Tax, Micro
Business Support, Goods and Services Tax, Micro
Case Leader, Micro Enterprise & Individuals, Micro Active Compliance
Case Officer, Goods and Services Tax, Cash Economy
Case Profiler, Goods and Services Tax, Complex Audit
Case Profiler, Large Business & Internationals, Offshore Compliance Program
Case Profiling Manager, Goods and 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 and Services Tax, Complex Audit
Fraud Manager, Goods and Services Tax, Refund Integrity (Risk & Strategy)
Fraud Profiler, Goods and 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 and 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 and Lodgment 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 assist in the location of individuals.

6
Office of State Revenue, NSW Treasury
Assistant Client Service Officer , Client Services - Claims and Grants
Assistant Compliance Officer , Compliance Audit - First Home Benefits
Chief Operating Officer , Operations Division
Client Service Officer , Client Services - Claims and Grants
Compliance Manager , Compliance Audit - First Home Benefits
Compliance Officer , Compliance Audit - First Home Benefits
Departmental Professional Officer, Compliance Audit - First Home Benefits
Deputy Director Operations , Operations Division
Manager Claims and Grants, Client Services Claims and Grants
Manager, Analytics Branch
Research and Business Analyst,  Analytics Branch
Senior Client Service Officer , Client Services - Claims and Grants
Senior Compliance Officer , Compliance Audit - First Home Benefits
Senior Research and Business Analyst, Analytics Branch
Team Leader Claims and Grants , Client Services - Claims and Grants
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.

7
The State Revenue Office, Victorian Department of Treasury and Finance
Manager , Investigations Branch
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
Manager, Land Tax
Revenue Officer, Land Tax
Senior Revenue Officer, Land Tax
 
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.

9
Tasmanian State Revenue Office, Department of Treasury and Finance
Assistant Commissioner, Compliance
Manager, Investigations
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
Director Compliance
Manager Investigations
Principal 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.

11
Revenue SA, Department of Treasury and Finance
Assistant Commissioner, 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 Scheme

12
Territory Revenue Management, Northern Territory Treasury
Assistant Director, 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.

13
Australian Capital Territory Revenue Office, Department of Treasury
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

14
Attorney-General’s Department
Assistant Secretary, International Crime Cooperation Branch
 
 
 
Legal Officer, Offender Justice and Management section
Principal Legal Officer, Offender Justice and Management section
Project Officer, Offender Justice and Management section
Senior Legal Officer, Offender Justice and Management section
 
Case Officer, Extradition Unit
Director, Extradition Unit
Graduate, Extradition Unit
Legal Officer, Extradition Unit
Principal Legal Officer, Extradition Unit
Senior Legal Officer, Extradition Unit
 
Assistant Secretary, Mutual Assistance and Extradition Branch;
Case Officer, Mutual  Assistance Section
Director, Mutual  Assistance Section
Graduate, Mutual  Assistance Section
Legal Officer, Mutual  Assistance Section
Principal Legal Officer, Mutual Assistance Section
Senior Legal  Officer, Mutual  Assistance Section
 
Assistant Secretary, Family Law Branch
Case Officer, International Family Law Section
Director, International Family Law Section
Executive Level 1, International Family Law Section
Legal Officer, International Family Law Section
Principle Legal Officer, International Family Law Section
Senior Legal Officer, International Family Law 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.
 

15
State Debt Recovery Office,
Office 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.

16
Department of Defence
Assistant Director Compliance
Assistant Director Oversight
Compliance Officer Capability
Compliance Officer Reporting
Director Compliance and Oversight
Principle Compliance Officer Capability
Principle Compliance Officer Oversight
Principle 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 authorization is required for performance of activities specified in the Intelligence Services Act 2001.

17
Department of Foreign Affairs and Trade (Passports)
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 Operations Section (POS) –
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.
 
18
AusCheck, Attorney-General’s Department
Assessor, 2501509
Assessor, 2501510
Assessor, 2501511
Assessor, 2501512
Assessor, 2501513
Assessor, 2501514
Processing Officer, 2501508
Processing Supervisor, 2501506
Processing Supervisor, 2501507
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.
 
19
Australian Security Intelligence Organisation
Assessor
For the purposes of the functions of section 17 of the Australian Security Intelligence Organisation Act 1979.
 
20
Department of Human Services, New South Wales
Director, Adoption and Permanent Care Services
Director, Child and 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.
 
21
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.
 
 
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