Document ID: chunk:federal_register_of_legislation:F2023L01015:body:0:p1
Version: federal_register_of_legislation:F2023L01015
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LIN 23/015
Migration (Access to Movement Records) Instrument (LIN 23/015) 2023
I, Kaylene Zakharoff, delegate of the Minister, make this instrument under subregulations 3.10A(1) and (2) of the Migration Regulations 1994 (the Regulations).
Dated      11 July 2023
Kaylene Zakharoff
Deputy Commissioner
Strategy & Capability Group
Australian Border Force

Contents
1 Name
2 Commencement
3 Definitions
4 Prescribed Commonwealth, State or Territory legislation
5 Prescribed agencies, employees and purposes
6 Repeal
Schedule 1 Commonwealth, State or Territory legislation
Schedule 2 Agencies, employees and purposes

1 Name
        This instrument is the Migration (Access to Movement Records) Instrument (LIN 23/015) 2023.

2 Commencement
        This instrument commences on the day after registration.

3 Definitions
       (1) In this instrument:
security vetting includes pre-employment screening and ongoing assessment of the eligibility and suitability of person to be employed by that agency.
       (2) In this instrument, an APS level in the following table is an abbreviation of the approved classification of an APS employee under the Public Service Classification Rules 2000:
APS level  Approved classification
APS 1      APS Level 1
APS 2      APS Level 2
APS 3      APS Level 3
APS 4      APS Level 4
APS 5      APS Level 5
APS 6      APS Level 6
EL 1       Executive Level 1
EL 2       Executive Level 2
SES 1      Senior Executive Service Band 1
SES 2      Senior Executive Service Band 2

4 Commonwealth, State or Territory legislation
        For subregulation 3.10A(1) of the Regulations, the Commonwealth, State or Territory legislation mentioned in Schedule 1 is specified.
Note The Minister may authorise an officer to perform one or more actions prohibited under subsection 488(1) of the Act for the purposes of prescribed Commonwealth, State or Territory legislation—see subparagraph 488(2)(a)(vii) of the Act.

5 Agencies, employees and purposes
        For paragraphs 3.10A(2)(a), (b) and (c) of the Regulations:
(a) each agency of the Commonwealth, a State or a Territory mentioned in Schedule 2 is specified; and
(b) each employee mentioned in an item of Schedule 2 is specified for the agency mentioned in the item; and
(c) each purpose mentioned in an item of Schedule 2 is specified for the agency mentioned in the item.
Note: The Minister may authorise a prescribed employee of a prescribed agency of the Commonwealth, or of a State or Territory to perform one or more actions prohibited under subsection 488(1) of the Act—see paragraph 488(2)(g) of the Act.

6 Repeal
        Migration (LIN 20/033: Access to Movement Records) Instrument 2020 (F2020L00345) is repealed.

             Schedule 1 Commonwealth, State or Territory legislation
(section 4)
Item           Specified legislation
  1            Administrative Appeals Tribunal Act 1975 (Cth)
  2            Adoption Act 2000 (NSW)
  3            Adoption Regulations 2015 (NSW)
  4            A New Tax System (Australian Business Number) Act 1999 (Cth)
  5            A New Tax System