Migration (Access to Movement Records) Instrument (LIN 23/015) 2023 dated 11 July 2023 specifies the prescribed Commonwealth, State and Territory legislation for the purposes of which an officer may be authorised to access the movement records and the prescribed agencies and employees of the Commonwealth, a State or Territory, and the purpose for which those employees may access the movement records.
The term ‘Movement Records’ means information stored in a notified data base, for the purposes of the Act in relation to the entry into, and departure of persons from, Australia since June 1981. The information generally includes a traveller’s name, date of birth, gender and relationship status, country of birth, departure and/or arrival date, travel document number and country, port code and flight/vessel details, visa subclass and expiry date, and the number of movements.
Subsection 488(1) of the Migration Act 1958 (the Act) provides that a person must not read, examine, reproduce by any means, use, disclose by any means, any part of the Movement Records, otherwise than in accordance with an authority under subsection 488(2) of the Act where the Minister authorises it as it is required for the purposes of prescribed legislation and where the action is being performed by a prescribed employee of a prescribed agency for a prescribed purpose.
Schedule 1 lists the 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 Schedule 2 lists the Commonwealth, State or Territory agencies, employees who can be authorised to access the movement records that would otherwise be prohibited under subsection 488(1) for paragraph 488(2)(g) of the Act and also specifies purposes for which such access is allowed.
The instrument repeals Migration (LIN 20/033: Access to Movement Records) Instrument 2020 (LIN 20/033). The instrument is registered on the Federal Register of Legislation on 19 July 2023 and commenced on 20 July 2023. It is currently in force.
To access the instrument, click here.
