Australian Immigration Daily News

The Migration (Access to Movement Records) Instrument 2025 (LIN 25/001), made under subregulations 3.10A(1) and (2) of the Migration Regulations 1994, prescribes the legislation, agencies, employees, and purposes for which access to movement records may be authorised under section 488 of the Migration Act 1958. It repeals the earlier instrument LIN 23/015 (2023).

Background and Scope

• Section 488 of the Migration Act prohibits the unauthorised reading, use, or disclosure of movement records.

• Subparagraph 488(2)(a)(vii) and paragraph 488(2)(g) permit the Minister to authorise access to such records where required for prescribed legislation or by prescribed employees of government agencies for prescribed purposes.

• Movement records are stored in the Department’s Movement Reconstruction Database and include personal details of travellers, such as identity, travel, and visa information.

Purpose of the Instrument

• To specify relevant Commonwealth, State, and Territory legislation for which access may be authorised.

• To prescribe certain agencies and employees eligible to access records, and the statutory purposes for which access is permitted.

• Access is limited to agencies and employees who require such information to administer relevant legislation or carry out compliance, enforcement, and investigative functions.

Consultation
Consultation occurred with numerous Commonwealth, State, and Territory agencies, including the ATO, ACIC, DFAT, Defence Intelligence Organisation, Department of Veterans’ Affairs, NDIS Quality and Safeguards Commission, and several State-based regulators and revenue offices.

Key Changes from LIN 23/015

• Updates to the list of prescribed legislation, with additions such as the National Anti-Corruption Commission Act 2022, the Public Health and Wellbeing Act 2008 (Vic), and amendments to remove repealed provisions.

• Inclusion of ten additional agencies, including the Building Commission NSW, Department of Mines, Industry Regulation and Safety (WA), Department of Justice and Community Safety (Vic), and the National Anti-Corruption Commission.

• Updates to agency names following Machinery of Government changes.

• Restrictions confining access to specified levels of staff or functional units within agencies.

Human Rights Compatibility

• The instrument engages the right to privacy under Article 17 of the ICCPR.

• Limitations are lawful, necessary, reasonable, and proportionate, as access is confined to specific agencies and purposes.

• Protections are also ensured under the Privacy Act 1988 and penalties under the Migration Act for unlawful disclosure.

Commencement and Status

• The instrument commences the day after registration and is subject to disallowance under the Legislation Act 2003.

• It was issued under the authority of the Minister for Home Affairs.

  Source: LIN25001.pdf and LIN25001-Explanatory-Statement.pdf