Federal Register of Legislation - Australian Government

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IMMI 11/049 Specifications as made
This Specification revokes the Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - October 2010 and permits the use of movement records information by external agencies in order for them to administer specified legislation. It prescribes persons working for specified Commonwealth, State and Territory agencies who may read, examine, reproduce, use or disclose movement records for specified purposes.
Administered by: Immigration and Citizenship
Registered 22 Dec 2011
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012
Date of repeal 13 Mar 2013
Repealed by Migration Regulations 1994 - Specification of Access to Movement Records - September 2012


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.