Migration (LIN 20/033: Access to Movement Records) Instrument 2020
Key Words: FOI, Access to Movement Records
- The instrument, LIN 20/033, is made under regulation 3.10A of the Migration Regulations 1994 (the Regulations).
- Regulation 3.10A provides for access to movement records, as defined under subsection 5(1) of the Migration Act 1958 (the Act). Access to information contained in movement records is often necessary for the proper administration of a variety of legislation and for a number of purposes. The instrument therefore seeks to facilitate this and to assist relevant agencies and their officers and employees in performing statutory duties and associated functions effectively.
- Subsection 488(1) of the Act prohibits a person from reading, examining, reproducing, using or disclosing any part of the movement records. However, subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer, as defined under subsection 5(1) of the Act, to perform for the purposes of any prescribed legislation an action prohibited by subsection 488(1). Under subregulation 3.10A(1) of the Regulations, for subparagraph 488(2)(a)(vii) of the Act, Commonwealth, State and Territory legislation specified by the Minister in an instrument in writing is prescribed. Accordingly, the instrument operates to specify Commonwealth, State or Territory legislation, the purposes for which an officer is authorised to access movement records.
- Similarly, paragraph 488(2)(g) of the Act permits the Minister to authorise a prescribed employee of a prescribed agency to perform an action prohibited by subsection 488(1) for prescribed purposes. Under subregulation 3.10A(2) of the Regulations, for paragraph 488(2)(g) of the Act, an agency of the Commonwealth, a State or a Territory; an employee of a prescribed agency; and a purpose specified in an instrument in writing is prescribed. Accordingly, the instrument also operates to specify agencies, employees and purposes for which movement records can be accessed by prescribed employees of prescribed agencies of the Commonwealth, or of a State or Territory for prescribed purposes.