Australian Immigration Daily News

Subsection 488(1) of the Migration Act 1958 (the Act) provides that a person must not read, examine, reproduce by any means, use, or disclose by any means, any part of the movement records, otherwise than in accordance with an authority given by the Minister pursuant to subsection 488(2) of the Act.

Subparagraph 488(2)(a)(vii) of the Act provides that the Minister may authorise an officer to perform one or more actions prohibited by subsection 488(1) 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 the actions prohibited by subsection 488(1) of the Act for prescribed purposes.

Subregulation 3.10A(1) of the Regulations provides that the prescribed legislation for subparagraph 488(2)(a)(vii) of the Act is that specified by the Minister in an instrument in writing.

Similarly, subregulation 3.10A(2) of the Regulations provides that for paragraph 488(2)(g) of the Act, the Minister may specify a Commonwealth, State or Territory agency, an employee of a prescribed agency, and a purpose in an instrument in writing.

Therefore, the purpose of this instrument is to specify:

• the prescribed Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records for subregulation 3.10A(1);
• and the prescribed agencies and employees of the Commonwealth, a State or Territory for paragraphs 3.10A(2)(a) and (b) of the Regulations, and the purpose for which those employees may access the movement records pursuant to paragraph 3.10A(2)(c).

Source: LIN23015.pdf and LIN23015-Explanatory-Statement.pdf