Commonwealth of Australia
Migration Regulations 1994
ACCESS TO MOVEMENT RECORDS
(Regulation 3.10A)
I, SCOTT MORRISON, Minister for Immigration and Border Protection, acting under regulation 3.10A of the Migration Regulations 1994 (‘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 14/011, commences on 9 May 2014.
Dated 23.4.2014
Scott Morrison
Minister for Immigration and Border Protection
SCHEDULE A
Column 1 | Column 2 |
Veterans’ Entitlements Act 1986 (Cth) | |
2. | Aviation Transport Security Act 2004 (Cth) Civil Aviation Act 1988 (Cth) Civil Aviation Regulations 1988 (Cth) Civil Aviation Safety Regulations 1988 (Cth) Criminal Code Act 1995 (Cth) |
3. | Duties Act 1997 (NSW) First Home Owner Grant Act 2000 (NSW) Land Tax Act 1956 (NSW) Land Tax Management Act 1956 (NSW) Payroll Tax Act 2007 (NSW) Regional Relocation (Home Buyers Grant) Act 2011 No.26 Taxation Administration Act 1996 (NSW) |
4. | First Home Owner Grant Act 2000 (VIC) Taxation Administration Act 1997 (VIC) |
5. | Building Boost Grant Act 2011 (QLD) First Home Owner Grant Act 2000 (QLD) Land Tax Act 2010 (QLD) Taxation Administration Act 2001 (QLD) |
6. | Duties Act 2001 (TAS) First Home Owner Grant Act 2000 (TAS) Land Tax Act 2000 (TAS) Payroll Tax Act 2008 (TAS) Taxation Administration Act 1997 (TAS) |
7. | First Home Owner Grant Act 2000 (WA) Taxation Administration Act 2003 (WA) |
8. | First Home and Housing Construction Grants Act 2000 (SA) Taxation Administration Act 1996 (SA) |
9. | First Home Owner Grant Act (NT) Taxation Administration Act (NT) |
10. | First Home Owner Grant Act 2000 (ACT) Taxation Administration Act 1999 (ACT) |
11. | AusCheck Act 2007 (Cth) AusCheck Regulations 2007 Aviation Transport Security Act 2004 (Cth) Aviation Transport Security Regulations 2005 (Cth) Maritime Transport and Offshore Facilities Security Act 2003 (Cth) Maritime Transport and Offshore Facilities Security Regulations 2003 (Cth) |
12. | Adoption Act 2000 (NSW) Adoption Regulations 2003 Children and Young Persons (Care & Protection) Act 1998 (NSW) Children and Young Persons (Care & Protection) Regulations 2000 (NSW) Immigration (Guardianship of Children) Act 1946 (Cth) Immigration (Guardianship of Children) Regulations 2001 (Cth) |
13. | Tax Agent Services Act 2009 |
14. | Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) |
15. | Criminal Code Act 1995 (Cth) Safety Rehabilitation and Compensation Act 1988 (Cth) |
16. | Intelligence Services Act 2001 |
17. | Ombudsman Act 1976 (Cth) |
18. | Australian Human Rights Commission Act 1986 (Cth) |
19. | Migration Act 1958 Migration Regulations 1994 |
20. | Australian Passports Act 2005 (Cth) |
21. | A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) A New Tax System (Family Assistance) Act 1999 (Cth) Child Care Act 1972 (Cth) Child Support (Assessment) Act 1989 (Cth) Child Support (Registration & Collection) Act 1988 (Cth) Criminal Code 1995 (Cth) Dental Benefits Act 2008 Human Services (Medicare) Act 1973 Health Insurance Act 1973 Health and Other Services (Compensation) Act 1995 Medical Indemnity Act 2002 Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 National Health Act 1953 Paid Parental Leave Act 2010 Social Security Act 1991 (Cth) Social Security (Administration) Act 1999 (Cth) Social Security (International Agreements) Act 1999 (Cth) Student Assistance Act 1973 (Cth) |
22. | Criminal Code 1995 (Cth) Extradition Act 1988 (Cth) Family Law (Child Abduction Convention) Regulations 1986 (Cth) Family Law (Child Protection Convention) Regulations 2003 (Cth) International Criminal Court Act 2002 (Cth) International Transfer of Prisoners Act 1997 (Cth) International War Crimes Tribunal Act 1995 (Cth) The Mutual Assistance in Criminal Matters Act 1987 (Cth) |
23. | Australian Security Intelligence Organisation Act 1979 |
24. | A New Tax System (Australian Business Number) Act 1999 (Cth) A New Tax System (Goods & 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) Fringe Benefits Tax Assessment Act 1986 (Cth) Income Tax Assessment Act 1936 (Cth) Income Tax Assessment Act 1997 (Cth) Retirement Savings Accounts Act 1997 (Cth) Small Superannuation Accounts Act 1995 Superannuation (Departing Australia Superannuation Payments Tax) Act 2007 Superannuation (Government Co-contribution for Low Income Earners) Act 2003 (Cth) Superannuation (Unclaimed Money & Lost Members) Act 1999 (Cth) Superannuation Contributions Tax (Assessment & Collection) Act 1997 (Cth) Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment & Collection Act 1997 (Cth) Superannuation Guarantee (Administration) Act 1992 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation Industry Supervision Regulations Taxation Administration Act 1953 (Cth) |
25. | Intelligence Services Act 2001 (Cth) |
26. | Bail Act 1982 Prisons Act 1981 Sentencing Act 1995 Sentence Administration Act 2003 |
27. | Australian Crime Commission Act 2002 (Cth) Criminal Code Act 1995 (Cth) Drugs Misuse Act 1986 (QLD) Weapons Act 1990 (QLD) |
28. | Crimes Act 1900 (NSW) Fines Act 1996 (NSW) Oaths Act 1900 (NSW) Road Transport Act 2013 (NSW) |
29. | Australian Securities and Investments Commission Act 2001 Business Names Registration (Transitional and Consequential Provisions) Act 2011 Business Names Registration Act 2011 (Cth) Corporations Act 2001 Crimes Act 1900 (ACT) Crimes Act 1914 (Cth) Crimes Act 1900 (NSW) Crimes Act 1958 (VIC) Criminal Code Act 1995 (Cth) Criminal Code Act 1983 (NT) Criminal Code Act 1899 (QLD) Criminal Code Act 1924 (TAS) Criminal Code Act 1913 (WA) Criminal Law Consolidation Act 1935 (SA) First Home Saver Accounts Act 2008 Insurance Contracts Act 1984 Life Insurance Act 1995 National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 National Consumer Credit Protection Act 2009 Retirement Savings Accounts Act 1997 Superannuation (Resolution of Complaints) Act 1993 Superannuation Industry (Supervision) Act 1993 |
30. | Anti-Money Laundering and Counter-Terrorism Financing Act 2006 Criminal Code Act 1995 (Cth) Criminal Code and Compilation Act 1913 (WA) Criminal Investigations Act 2006 (WA) Migration Act 1958 (Cth) Misuse of Drugs Act 1981 (WA) Proceeds of Crime Act 2002 (Cth) Weapons Act 1999 (WA) |
31. | Bail Act 1977 (Vic) Corrections Act 1986 (Vic) Crimes Act 1958 (Vic) Crimes (Confiscation of Profits) Act 1986 (Vic) Drugs, Poisons & Controlled Substances Act 1981 (Vic) Firearms Act 1966 (Vic) Terrorism (Community Protections) Act 2003 (Vic) |
32. | Immigration (Education) Act 1971 (Cth) Immigration (Education) Charge Act 1992 (Cth) |
33. | Migration Act 1958 (Cth) |
SCHEDULE B
Column 1 | Column 2 Agency | Column 3 Roles | Column 4 Purpose |
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 |
| For the purpose of verification of immigration status and residence; and for movement status into and out of Australia.
|
3. | Office of State Revenue, NSW 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.
|
4. | The State Revenue Office, Victoria Department of Treasury and Finance |
| For the purpose of verification of immigration status, residence status and absences from Australia for assessment of eligibility and entitlements under the First Home Owner Grant Scheme; and to determine the level of compliance with the provisions of the Taxation Administration Act 1997 (VIC). |
5. | Office of State Revenue, Queensland Treasury | 1. Manager, Land Revenue 2. Revenue Officer, Land Revenue 3. Senior Revenue Officer, Land Revenue
| 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. |
6. | Tasmanian State Revenue Office, Department of Treasury and Finance |
Revenue 5. Data Analyst, Intelligence and Analysis
| For the purpose of verification of immigration status and residence status for assessment of eligibility and entitlements under the First Home Owner Grant and Builder Boost schemes; and to assist in the administration and enforcement of taxation and duties liabilities. |
7. | Office of State Revenue, Department of Finance 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 2003 (WA). |
8. | RevenueSA, 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 and Housing Construction Grants Act 2000 (SA); and to assist with the administration and enforcement of the Taxation Administration Act 1996 (SA), and its associated acts. |
9. | Territory Revenue Office, Northern Territory Treasury | 1. Assistant Director, Revenue Collections 2. Director, Revenue Collections
| 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. | Australian Capital Territory Revenue Office, Treasury Directorate | 1. Assistant Manager, Compliance 2. 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 and the Home Buyer Concession Scheme. |
11. | AusCheck, Attorney-General’s Department |
| For the purpose of administering the 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. |
12. | Department of Family and Community 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. |
13. | Tax Practitioners Board |
| For the purpose of verifying the immigration and residence status of individuals to assist in the investigation of breaches of the Tax Agent Services Act 2009. |
14. | Australian Financial Security Authority |
| For the purpose of verification of immigration and residence status, and movement status into and out of Australia to assist in the administration of the Bankruptcy Act 1966, including the administration of bankrupt estates and the regulation of personal insolvency practitioners. |
15. | Comcare |
| For the purpose of verification of immigration status and movements from and to Australia for assessment of eligibility and entitlements under the Safety Rehabilitation and Compensation Act 1988. |
16. | Australian Secret Intelligence Service | Intelligence and Specialist Officers | For the purpose of performing its functions under the Intelligence Services Act 2001. |
17. | Commonwealth Ombudsman |
| For the purpose of considering enquiries, handling complaints and conducting investigations with respect to matters relating to the Department of Immigration and Citizenship.
|
18. | Australian Human Rights Commission |
| For the purpose of handling complaints, conducting inquiries, conciliating and/or reporting with respect to matters relating to the Department of Immigration and Border Protection. |
19. | Department of Immigration and Border Protection | APEC Business Travel Card Assessors
| Purpose 1 For the purpose of assessing an Australian applicant’s eligibility for the APEC Business Travel Card which is administered by the department. |
|
| 1. All Information Technology (‘IT’) Contractors undertaking integrated management reporting and analysis functions 2. All Ongoing Immigration IT Reporting Analysts undertaking reporting and analysis functions | Purpose 2 For the purpose of integrated management reporting and analysis under the Migration Act 1958.
|
Contractors accessing movement records for border-related functions.
| Purpose 3 For the purpose of performing border-related functions under the Migration Act 1958. | ||
Ongoing officers, non-ongoing officers or contractors required to assist the Department of Foreign Affairs and Trade in the provision of movement records for consular functions or activities during international event situations | Purpose 4 For the purpose of providing information required to assist with consular enquiries or activities in response to international events that may jeopardise the wellbeing of Australian citizens. | ||
20. | Department of Foreign Affairs and Trade
|
| For the purpose of issuing and administering passports under the Australian Passports Act 2005; and for the purpose of performing diplomatic or consular functions to confirm the movements of consular clients, including confirming safe arrival of consular clients back to Australia; and departure records for whereabouts of Australian citizens.
|
21.
| Department of Human Services
|
| Purpose 1 For the purpose of verification of immigration status and residence status for determination of eligibility and entitlements for certain Social Security and Family Assistance benefits; and for identification and prevention of overpayments; and to ensure accuracy of claimant data.
|
| Purpose 2 For the purpose of giving effect to Australia’s international obligations in relation to reciprocal Social Security Agreements.
| ||
3. An employee at the APS level 3 and higher, with responsibility for identification, investigation and enforcement of child support liabilities, Child Support Intensive Collection Services Branch. 4. An employee at the APS level 3 and higher, with responsibility for identification, investigation and enforcement of child support liabilities, Customer Compliance Branch. 5. An employee at the APS level 3 and higher, with responsibility for identification, investigation and prevention of incorrect payments, Internal Fraud Control and Investigations Branch. 6. An employee at the APS level 4 and higher, with responsibility for identification, investigation and enforcement of child support liabilities and fraud, Serious Non-Compliance Branch. 7. An employee at the APS level 4 and higher, with responsibility for customer service recovery action in relation to child support benefits, Quality and Customer Complaints Branch. 8. An employee at the APS level 5 and higher, with responsibility for verifying immigration status and movement information in relation to social security and family assistance benefit reviews, Appeals Branch. | Purpose 3 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.
| ||
| Purpose 4 For the purpose of identification and prevention of incorrect payments, and to ensure accuracy of claimant data; and to support investigation of offences against programs administered by the Medicare Program. | ||
22.
| Attorney-General’s Department
|
| Purpose 1 For the purpose of considering enquiries in connection with applications by prisoners for international transfer, or applications for international transfer in accordance with the International Transfer of Prisoners Act 1997 (Cth); and for the purpose of considering enquiries in connection with extradition, or extradition requests from Australia to another country or from another country to Australia; and for the purpose of considering enquiries in connection with mutual assistance, or mutual assistance requests; and for the purpose of considering enquiries in connection with assistance, or requests for assistance pursuant to the International War Crimes Tribunal Act 1995 (Cth); and for the purpose of considering enquiries in connection with cooperation, or requests for cooperation pursuant to the International Criminal Court Act 2002 (Cth).
|
| Purpose 2 For the purpose of exercising child protection measures and assisting to combat child abduction.
| ||
23. | Australian Security Intelligence Organisation | Assessors
| For the purpose of the functions of section 17 of the Australian Security Intelligence Organisation Act 1979. |
24. | Australian Taxation Office | All officers in the :
with responsibility for : (a) Determining eligibility for taxation entitlements and payments (b) Determining conformance with taxation obligations (c) Maintaining the accuracy of the ATO’s client register (d) Addressing the impacts of identity crime | For the purpose of client identification, identifying false identities and inaccurate records, improving the accuracy of data to reduce identity theft; and to assist the ATO to administer taxation and superannuation laws including determining eligibility and entitlements for certain Taxation payments which includes verification of temporary residency and immigration status; and to assist in the location of individuals. |
25. | Department of Defence | A DSD staff member as defined by the Intelligence Services Act 2001 | For the purpose of undertaking the functions of section 7 of the Intelligence Services Act 2001. |
26. | Department of Corrective Services, Western Australia |
| For the purpose of enforcing and administering WA legislation in relation to criminal justice and monitoring movements of parolees in relation to parole violations and return-to-prison warrants.
|
27. | Australian Crime Commission |
| For purposes connected with, or reasonably incidental to, the performance of one or more of the functions of the Australian Crime Commission set out in section 7A of the Australian Crime Commission Act 2002 (Cth).
|
28. | State Debt Recovery Office, New South Wales Department of Finance and Services |
| 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.
|
29. | Australian Securities and Investments Commission |
| For purposes connected with, or reasonably incidental to, the performance of one or more of the functions, or the exercise of one or more of the powers of, ASIC set out in Section 11 and Section 12A of the Australian Securities and Investments Commission Act 2001. |
30. | Western Australia Police |
| For the purpose of administering and enforcing WA legislation in relation to criminal justice and monitoring movements of illegal immigrants, locating unlawful non-citizens in Australia and detaining unlawful non-citizens. |
31. | Victoria Police | Sworn or unsworn member of Police personnel owning or occupying an Analyst position within Victoria Police.
| For the purpose of verification of immigration status and residence status to assist in investigating a serious offence; or enforcing a law, the contravention of which is a serious offence; and is a breach of an Act of Victorian legislation. |
32. | Department of Industry | Employees in the above sections where access is required to enable proper or efficient performance of their duties or functions
1. EL1 Team Leader, ARMS Support Manager, AMEP Section 2. APS6, ARMS Reporting Analyst, AMEP Section 3. APS6, ARMS Reporting Analyst, AMEP Section 4. APS5, ARMS Support Officer, AMEP Section 5. APS4, ARMS Support Officer, AMEP Section | For the purpose of verification of immigration status and residence status for the determination and verification of eligibility for the Adult Migrant English Program. |
33. | Department of Social Services | Staff undertaking settlement and multicultural affairs functions | For the purpose of verification of client information and/or continuing quality assurance of the Settlement Database as required under the Migration Act 1958 and instruments and/or arrangements. |