Australian Citizenship Act 2007 - Instrument of Delegation and Authorisation under section 53 and subsections 40(3), 40(4) and 42(3) - December 2008

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Commonwealth of Australia
 
 
Australian Citizenship Act 2007
 
 
INSTRUMENT OF DELEGATION AND AUTHORISATION
 
 
I, CHRIS EVANS, Minister for Immigration and Citizenship:
 
1.      REVOKE Instrument number IMMI 08/055 signed on 24 August 2008 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 section 53 of the Act, DELEGATE MY POWERS under subsections 24(1), 25(1), 26(3), 26(5), 30(1), 33(2), 37(2), 37(6) and 38(2) of the Act to 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 A to this Instrument; AND
 
3.      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 B to this Instrument to request an applicant to provide one or more personal identifiers; AND
 
4.   ACTING under subsection 40(4) of the Act, 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 C to this Instrument to request an applicant to provide one or more personal identifiers; AND
 
5.      ACTING under subsection 42(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 B to this Instrument to access any kind of identifying information for any one or more of the purposes listed in Schedule D to this instrument; AND
 
 
 
 
 
 
 
 
6.   ACTING under subsection 42(3) of the Act, 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 C to this Instrument to access any kind of identifying information for any one or more of the purposes listed in Schedule D to this instrument.
 
 
For the purposes of this instrument:
 
‘identifying information’ means identifying information as defined by the Act.
 
This Instrument, IMMI 08/086, commences on the day after registration on the Federal Register of Legislative Instruments.
 
 
 
 
Dated   6  December  2008
 
 
 
 
 
CHRIS EVANS
 
Minister for Immigration and Citizenship
 
 
 
 
[NOTE 1:     Section 53 of the Act provides that the Minister may, by writing, delegate to any person all or any of the Minister's functions or powers under the Act or the Regulations. 
NOTE 2:      Subsection 24(1) of the Act provides that if a person makes an application to the Minister to become an Australian citizen under section 21 (which deals with citizenship by conferral, the Minister must approve or refuse the person becoming an Australian citizen.
NOTE 3:      Subsection 25(1) provides that the Minister may cancel an approval given to a person under section 24.
NOTE 4:      Subsection 26(3) provides that if a person is required to make a pledge of commitment and has not done so, the Minister may determine that the person cannot make the pledge until the end of a specified period in certain circumstances.
NOTE 5:      Subsection 26(5) provides that the Minister may revoke a determination made under subsection 26(3).
NOTE 6:      Subsection 30(1) of the Act provides that if a person makes an application to the Minister to become an Australian citizen under section 29 (which deals with resumption of citizenship) the Minister must approve or refuse the person becoming an Australian citizen again.
NOTE 7:      Subsection 33(2) of the Act provides that if a person makes an application to the Minister to renounce the person’s Australian citizenship, the Minister must approve or refuse the person renouncing his or her Australian citizenship.
NOTE 8:      Subsection 37(2) of the Act provides that the Minister may give a person a notice stating that the person is an Australian citizen at a particular time.
NOTE 9:      Subsection 37(6) of the Act provides that the Minister may cancel a notice given to a person under section 37.
NOTE 10:     Subsection 38(2) of the Act provides that the Minister may request a person to surrender a notice cancelled under subsection 37(6).
NOTE 11:     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 personal identifiers.
NOTE 12:     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 personal identifiers.
NOTE 13:     Subsection 42(3) of the Act provides that the Minister may, by 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 14:     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 the subsection.]
 
SCHEDULE A
 
 
NATIONAL OFFICE
Secretary (1)
Deputy Secretary (220), (5074), (7161)
First Assistant Secretary (3340)
Assistant Secretary (3355)
Executive Level 2 (2704), (7120), (9698)
 
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 an office 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
 
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 overseas classified:
(i)   as a Senior Executive Service Band 1 position; or
(ii)  at the level of Executive Level 2 or 1; or
(iii) at the level of APS Level 6.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCHEDULE B
 
 
NATIONAL OFFICE
Secretary (1)
Deputy Secretary (220), (5074), (7161)
First Assistant Secretary (3340)
Assistant Secretary (3355)
Executive Level 2 (2704), (7120), (9698)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCHEDULE C
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 an office 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 Levels 1 and 2; or 
(ii)         at the level of Australian Public Service Level 6.
 
(2) 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.
 
(3) Australian diplomatic, consular and trade representatives:
 
Australian High Commissioners;
Australian Ambassadors;
Australian Ministers;
Australian Chargés d’Affaires; Australian Chargés d’Affaires ad interim;
Australian Deputy High Commissioners;
Australian Consuls General;
Australian Consuls;
Australian Trade Commissioners at posts where they are the Senior Australian Government representative; and
Australian Trade Officers at posts where Australian Trade Commissioners are the Senior Australian Government representatives.
 
 
 
(4) Officers attached to the staff of missions as:
 
Minister-Counsellor;
Counsellor;
First Secretary; Second Secretary; Third Secretary;
Vice Consul; Attache (Consular, Administrative);
Senior Executive Service Band 1; Executive Level 2; Executive Level 1; and APS Level 6.
 
 
 
SCHEDULE D
 
 
 
Purposes for which access is authorised under subsection 42(3)
 
1.         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 this Division;
 
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.
 

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