Document ID: chunk:federal_register_of_legislation:C2004A01160:clause:1_8
Version: federal_register_of_legislation:C2004A01160
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 19946–21726

8  Application—section 503D of the Migration Act 1958

(1) Section 503D of the Migration Act 1958 applies to:
 (a) agency details in relation to protected information if the information is given to an authorised migration officer on or after the commencement of this item; and
 (b) agency details in relation to protected information given to an authorised migration officer before the commencement of this item if:
 (i) the details or information is the subject of a request for access under the Freedom of Information Act 1982; and
 (ii) no decision under the Freedom of Information Act 1982 in respect of the request has been made, or has been taken to be made, before the commencement of this item; and
 (c) agency details in relation to protected information given to an authorised migration officer before the commencement of this item if the details or information is the subject of a process for the production of documents that has not been completed or complied with before the commencement of this item; and
 (d) agency details in relation to protected information given to an authorised migration officer before the commencement of this item if, after the commencement of this item, the details or information becomes either:
 (i) the subject of a request for access under the Freedom of Information Act 1982; or
 (ii) the subject of a process for the production of documents.

(2) In this item:
process for the production of documents includes discovery and a subpoena for production of documents.
protected information means information that is:
 (a) communicated to an authorised migration officer by a gazetted agency on condition that it be treated as confidential information; and
 (b) relevant to the exercise of a power under section 501, 501A, 501B or 501C.