Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - October 2010

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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 10/005 signed by the former Minister on 11 March 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 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 10/062, commences on 30 October 2010.
 
 
Dated 20 October 2010
 
 
 
 
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
Column 1
Item Number
Column 2
Legislation

1
Veterans’ Entitlements Act 1986 (Cth)

2
Civil Aviation Act 1988 (Cth)
Aviation Transport Security Act 2004 (Cth)
Civil Aviation Regulations 1988 (Cwth)
Civil Aviation Safety Regulations 1998 (Cth)
Criminal Code 1995 (Cth)

2A
Aviation Transport Security Regulations 2005 (Cth)
Maritime Transport and Offshore Facilities Security Act 2003 (Cth)
Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth)

3
Child Care Act 1972 (Cth)
Child Support (Registration & Collection) Act 1988 (Cth)
Child Support (Assessment) Act 1989 (Cth)

4
Social Security Act 1991 (Cth)
Social Security Administration Act 1999 (Cth)
Student Assistance Act 1973 (Cth)
A New Tax System (Family Assistance) (Administration) Act 1999 (Cth)
A New Tax System (Family Assistance) Act 1999 (Cth)

5
Income Tax Assessment Act 1936 (Cth)
Income Tax Assessment Act 1997 (Cth)
Taxation Administration Act 1953 (Cth)
Fringe Benefits Tax Assessment Act 1986 (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 (Government Co-Contribution for Low Income Earners) Act 2003 (Cth)
Superannuation Industry (Supervision) Act 1993 (Cth)
Superannuation (Unclaimed Money and Lost Members) Act 1999 (Cth)
Retirement Savings Accounts Act 1997 (Cth)
Superannuation Guarantee (Administration) Act 1992 (Cth)
A New Tax System (Australian Business Number) 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)

6
First Home Owner Grant Act 2000 (NSW)
Taxation Administration Act 1996 (NSW)
Duties Act 1997 (NSW)
Land Tax Act 1956 (NSW)
Land Tax Management Act 1956 (NSW)
Payroll Tax Act 2007 (NSW)

 
SCHEDULE A [cont]
Column 1
Item Number
Column 2
Legislation

7
First Home Owner Grant Act 2000 (VIC)
Taxation Administration Act 1997 (VIC)

8
First Home Owner Grant Act 2000 (QLD)
Taxation Administration Act 2001 (QLD)
Land Tax Act 2010 (QLD)

9
First Home Owner Grant Act 2000 (TAS)
Taxation Administration Act 1997 (TAS)

10
First Home Owner Grant Act 2000 (WA)
Taxation Administration Act 2003 (WA)

11
First Home Owner Grant Act 2000 (SA)
Taxation Administration Act 1996 (SA)

12
First Home Owner Grant Act (NT)
Taxation (Administration) Act (NT)

13
First Home Owner Grant Act 2000 (ACT)
Taxation Administration Act 1999 (ACT)

14
International Transfer of Prisoners Act 1997 (Cth)

15
Extradition Act 1988 (Cth)

16
Road Transport (General) Act 2005 (NSW)
Road Transport (General) Regulations 2005 (NSW)
Road Transport (Driver Licensing) Act 1998 (NSW)
Road Transport (Driver Licensing) Regulation 2008 (NSW)
Fines Act 1996 (NSW)
Oaths Act 1900 (NSW)
Crimes Act 1900 (NSW)
Statutory Declarations Act 1959 (Cth)

17
Intelligence Services Act 2001 (Cth)

18
Australian Passports Act 2005 (Cth)

19
AusCheck Act 2007 (Cth)

20
The Mutual Assistance in Criminal Matters  Act  1987 (Cth)

21
Australian Security Intelligence Organisation Act 1979 (Cth)

22
Immigration (Guardianship of Children) Act 1946 (Cth)
Immigration (Guardianship of Children) Regulations 2001 (Cth)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Children and Young Persons (Care and Protection) Regulation 2000 (NSW)

23
Migration Act 1958 (Cth)

SCHEDULE B
Column 1
Item No.
Column 2
Agency
Column 3
Purpose

1
Department of Veterans’ Affairs
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)
For the purpose of verification of immigration status and residence. For movement status into and out of Australia.

2A
Department of Transport and Regional Services
For the purpose of verifying status of applicants for aviation security identification card checks and maritime security identity card checks.

3
Child Support Agency
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.

4
Centrelink
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
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,
New South Wales Treasury
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
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
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.

SCHEDULE B [cont]
Column 1
Item No.
Column 2
Agency
Column 3
Purpose

9
Tasmanian State Revenue Office, Department of Treasury and Finance
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
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.

11
Revenue SA,
Department of Treasury and Finance
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
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
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
For the purpose of processing applications by prisoners for international transfer in accordance with the Act.

15
Attorney-General’s Department
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.

16
State Debt Recovery Office,
Office of State Revenue NSW Treasury
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.

17
Department of Defence
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.

18
Department of Foreign Affairs and Trade
For the purpose of issuing and administering passports under the Australian Passports Act 2005.

SCHEDULE B [cont]
Column 1
Item No.
Column 2
Agency
Column 3
Purpose

19
AusCheck, Attorney-General’s Department
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.

20
Attorney-General's Department
For the  purposes of  making or responding to a mutual assistance request made under the Mutual Assistance in Criminal Matters Act   1987

21
Australian Security Intelligence Organisation
For the purposes of the functions of section 17 of  the Australian Security Intelligence Organisation Act 1979

22
Department of Human Services, New South Wales
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

23
Department of Immigration and Citizenship
For the purpose of integrated management reporting and analysis under the Migration Act.

 
SCHEDULE C
Column 1
Item No.
Column 2
Agency
Column 3
Position Numbers/Position Title

1
Department of Veterans’ Affairs
Director, Compliance and Review;
Assistant Director, Compliance and Review;
APS6 Team Leader, Data Matching Investigations Unit;
Director, Income Support Systems; and
Income Support Systems Technical Support Officer.

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,

2A
Department of Transport and Regional Services
Security Identification Team

3
Child Support Agency
Customer Service Officer (CSO) - domestic child support
Customer Service Officer (CSO) - international child support

4
Centrelink
International Services Branch
 
Centrelink International Branch
 
Business Integrity Division
 - Business Integrity and Workflow Systems Branch
 
-          International Review Team
 
-          Fraud Intelligence Section
 
-          Fraud Analysis Unit
 
-          Immigration Datamatching Team
 
 
Multicultural Services Branch
-          Assurance of Support Team
 
Families and Child Care International Claims Team
 
 
All staff in branch
 
All staff in branch
 
 
All staff at Centrelink 3, pay point 1 and above
 
 
 
All staff in team
 
 
All staff at Centrelink 3, pay point 1 and above
 
All staff at Centrelink 3, pay point 1 and above
 
All staff in team
 
 
 
All staff in team
 
 
All staff with the responsibility for processing Family Assistance claim forms lodged from outside of Australia

SCHEDULE C [cont]
Column 1
Item No.
Column 2
Agency
Column 3
Position Numbers/Position Title

5
Australian Taxation Office
Pre-issue Fraud Case Officer, Micro Enterprise & Individuals, Active Compliance Individuals
Auditor, Micro Enterprise & Individuals, Micro Active Compliance
Case Leader, Micro Enterprise & Individuals, Micro Active Compliance
Intelligence Analyst, Aggressive Tax Planning, Promoter Intelligence
Search Officer, Debt
Assistant Director, Excise, Risk & Intelligence
Intelligence Analyst, Excise
Director, Goods and Services Tax, Complex Audit
Case Profiler, Goods and Services Tax, Complex Audit
Case Profiling Manager, Goods and Services Tax, Complex Audit
Intelligence Analyst, Goods and Services Tax, Complex Audit
Case Officer, Goods and Services Tax, Cash Economy
Intelligence Analyst, Large Business & Internationals, International Relations
Intelligence Analyst, Large Business & Internationals, Offshore Compliance Program
Auditor, Large Business & Internationals, Offshore Compliance Program
Case Profiler, Large Business & Internationals, Offshore Compliance Program
Business Leader, Client Account Services, Client Register Business Analyst, Client Account Services, Client Register Assistant Director, Serious Non-Compliance, Intelligence
Intelligence Analyst, Serious Non-Compliance
Assistant Director, Serious Non-Compliance, Operations
Auditor, Serious Non-Compliance
Investigator, Serious Non-Compliance
Intelligence Analyst, Superannuation
Tracing Officer, Tax Practitioner and Lodgement Strategy, Projects
Pre-issue Fraud Case Officer, Medium Enterprise & Individuals, Active Compliance Individuals
Technical Advisor, Client Account Services, Client Register
 
Intelligence Analyst, Micro Enterprise & Individuals, Active Compliance Individuals
Data Analyst, Micro Enterprise & Individuals, Risk & Information Management Services
Risk & Intelligence Analyst, Micro Enterprise & Individuals, Risk & Information Management Services
Manager, Small & Medium Enterprises, Internationals
Auditor, Small & Medium Enterprises, Internationals
HWI Identification Analyst, Small & Medium Enterprises
Client Identification Analyst, Small & Medium Enterprises
Data Analyst, Small & Medium Enterprises
Data Integrity/Information Collection Officer, Small & Medium Enterprises
HWI Auditor, Small & Medium Enterprises, Active Compliance
Phoenix Auditor, Small & Medium Enterprises, General Compliance
Fraud Profiler, Goods and Services Tax, Refund Integrity (Risk & Strategy)
Fraud Manager, Goods and Services Tax, Refund Integrity (Risk & Strategy)
Business Manager, Goods and Services Tax, Micro
Business Support, Goods and Services Tax, Micro
Client Officer, Client Account Services, Unclaimed Super Money

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

7
The State Revenue Office, Victorian Department of Treasury and Finance
Investigations Branch Manager

8
Office of State Revenue, Queensland Treasury
Revenue Officer, Land Tax
Senior Revenue Officer, Land Tax
Manager, Land Tax

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

10
Office of State Revenue, Department of Treasury and Finance of Western Australia
Principal Compliance Officer
Director Compliance
Manager Investigations
 

11
Revenue SA, Department of Treasury and Finance
Assistant Commissioner, State Taxation
Principal Compliance Officer
Principal Debt Management Officer

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

13
Australian Capital Territory Revenue Office, Department of Treasury
Manager, Compliance
Assistant Manager, Compliance

14
Attorney-General’s Department
Legal Officer, Offender Justice and Management section
Project Officer, Offender Justice and Management section
Senior Legal Officer, Offender Justice and Management section
Principal Legal Officer, Offender Justice and Management section

15
Attorney-General’s Department
Assistant Secretary, International Crime Cooperation Branch
Director, Extradition Unit
Principal Legal Officer, Extradition Unit
Senior Legal Officer, Extradition Unit
Legal Officer, Extradition Unit
Case Officer, Extradition Unit
Graduate, Extradition Unit

16
State Debt Recovery Office,
Office State Revenue NSW Treasury
Manager, Fines Debt
Manager, Fines Priority Debt
Manager, Fines Reconciliation
Assistant Director, Operations
Assistant Director, Client Services
Manager, Adjudication & Compliance
Senior Manager, Business Relationships & Development

17
Department of Defence
Compliance Officer Capability
Compliance Officer Reporting
Senior Compliance Officer Reporting
Senior Compliance Officer Capability
Senior Compliance Officer Oversight
Principle Compliance Officer Reporting
Principle Compliance Officer Capability
Principle Compliance Officer Oversight
Assistant Director Compliance
Assistant Director Oversight
Director Compliance and Oversight

18
Department of Foreign Affairs and Trade
38, 135, 136, 138, 139, 140, 144, 145, 146, 147, 149, 150, 151, 152, 153, 155, 157, 158, 159, 160, 163, 164, 165, 166, 167, 168, 169, 170, 172, 176, 177, 178, 179, 180, 181, 182, 184, 185, 186, 188, 199, 233, 271, 280, 282, 291, 293, 294, 301, 302, 310, 324, 335, 344, 345, 358, 363, 378, 380, 384, 386, 394, 395, 396, 399, 400, 402, 407, 412, 413, 414, 431, 433, 434, 440, 441, 445, 449, 450, 453, 454, 458, 459, 460, 461, 462, 463, 464, 465, 467, 468, 470, 480, 481, 483, 495, 496, 497, 520, 526, 534, 540, 545, 547, 554, 555, 556, 558, 559, 565, 566, 567, 579, 581, 582, 583, 609, 626, 627, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 641, 662, 665, 666, 667, 668, 673, 676, 677, 680, 683, 684, 693, 694, 695, 696, 697, 698, 699, 700, 712, 718, 851, 874, 875, 876, 878, 911, 1011, 1013, 1015, 1017, 1020, 1023, 1078, 1092, 1146, 1225, 1237, 1265, 1272, 1275, 1280, 1293, 1294, 1323, 1344, 1362, 1470, 1508, 1527, 1733, 1805, 1922, 2105, 2274, 2660, 2909, 2980, 3039, 3064, 3198, 3342, 3451, 3495, 3528, 3538, 3715, 3792, 3824, 5033, 5078, 5083, 5084, 5107, 5108, 5109, 5111, 5192, 5194, 5195, 5198, 5200, 5201, 5209, 5210, 5243, 5268, 5397, 5437, 5448, 7269, 7289, 10032, 11125
 

19
AusCheck, Attorney-General’s Department
Processing Supervisor, 2501506
Processing Supervisor, 2501507
Assessor, 2501509
Assessor, 2501510
Assessor, 2501511
Assessor, 2501512
Assessor, 2501513
Assessor, 2501514
Assessor, 2501514
Processing Officer, 2501508

20
Attorney-General’s Department
Assistant Secretary,  Mutual Assistance and  Extradition Branch;
Director, Mutual  Assistance Section
 Principal  Legal Officer, Mutual  Assistance Section
Senior Legal  Officer, Mutual  Assistance Section Legal Officer, Mutual  Assistance Section
Case Officer, Mutual  Assistance Section Graduate, Mutual  Assistance Section

21
Australian Security Intelligence Organisation
Assessor

22
Department of Human Services, New South Wales
Manager, Casework
Manager, Client Services
Director, Adoption and Permanent Care Services
Director, Child and Family
Director, Legal Services
Regional Director

23
Department of Immigration and Citizenship
Ongoing Immigration Reporting Analysts

 

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