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IMMI 15/063 Authorisations & Authority(s) as made
This instrument operates to include relevant officers from the Department of Human Services, together with course convenors who are employed by Adult Migrant English Program (AMEP),occupying or performing the duties of specified positions to request in writing an applicant for Australian citizenship to provide one or more specified personal identifiers in support of their application.
Administered by: Home Affairs
Registered 01 Jul 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015


Commonwealth of Australia

 

 

Australian Citizenship Act 2007

 

 

INSTRUMENT OF AUTHORISATION

(Subsections 40(3), 40(4), 42(3) and 42(4))

 

I, PETER DUTTON, Minister for Immigration and Border Protection:

 

1.                  REVOKE IMMI 11/089 (F2012L00558) signed on 1 March 2012 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 paragraphs 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 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 Adult Migrant English Program (AMEP) to conduct course based tests.

 

6.         For the purposes of this Instrument ‘identifying information’ means identifying information as defined in the Act.

 

 

This instrument, IMMI 15/063, commences on 1 July 2015.

 

 

 

Dated  23 June 2015

 

 

 

 

 

 

Peter Dutton

HON. PETER DUTTON MP

 Minister for Immigration and Border Protection

 

 

 

 

 

 

 

 

 

 

 

 


 

SCHEDULE 1

 

HEADQUARTERS

Executive:

Secretary

Deputy Secretaries (All SES Band 3s)

 

Visa and Citizenship Management Division:

 

First Assistant Secretary (SES Band 2)

Assistant Secretary, (SES Band 1, Permanent Visa and Citizenship Programme Branch (3355))

Executive Level 2, (Permanent Visa and Citizenship Programme Branch (2704) (9698))

 

NORFOLK ISLAND

The Administrator and Deputy Administrator of the Territory of Norfolk Island.

Administrative Officers attached to the Office of the Administrator of the Territory of Norfolk Island who are also Australian citizens.

 

Christmas Island & Cocos (Keeling) Islands

 

Deputy Administrator, Christmas Island & Cocos (Keeling) Islands

 

OVERSEAS

 

A person who:

 

(a)        is an Australian citizen; and

(b)        is outside Australia; and

(c)        has a security clearance at the baseline level; and

(d)       is employed at an Australian overseas mission at Auckland, London, Washington, Hong Kong, Ottawa or New Delhi; and

(e)        is an authorised user of the Department of Immigration and Border Protection’s, Integrated Client Services Environment (ICSE) system.

 

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

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 Border Protection 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, or is performing the duties of, a position in the Department of Immigration and Border Protection and being a person classified:

                        (i)         at the level of Executive Levels 1 and 2; 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.

 

(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.

 

ICSE USERS

All authorised users of the Department of Immigration and Border Protection Integrated Client Services Environment (ICSE) system.

 

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.