Amendments to the Regulations to Allow the Collection and Use of Personal Identifiers
1 July 2007 - Legislation change
Client summary
From 1 July 2007 the Migration Regulations 1994 (‘the Regulations’) are amended to:
- allow officers to require a visa applicant to provide ‘personal identifiers’
as a condition for the granting of Protection, Refugee & Humanitarian and Safe
Haven Visa Classes
and - ensure that ‘personal identifiers’ collected from an illegal foreign fisher in fisheries or environment detention, if usable, do not need to be collected again if this client becomes an unlawful non-citizen within the same period of detention.
Technical details
The following provisions of the Regulations are amended:
Part 2, Division 2.1, Regulation 2.04
Part 3, Division 3.4, Subregulation 3.30(1)
Additional information:
Transitional arrangements:
- These amendments are to apply to:
- visa applications made but not finally determined immediately before the commencement of these Regulations;
- all new visa applications made on or after 1 July 2007 ;
- all persons in detention under the provisions of the Fisheries Management Act 1991, the Environment Protection and Biodiversity Conservation Act 1999 or the Torres Strait Fisheries Act 1984 on or after 1 July 2007.
Forms:
There are no form changes required for this legislation change.
Instructions: PAM3
PAM3 instructions relating to the section 40 regulation change have been drafted. Detention Policy has been advised to include the s261AA regulation change in detention instructions.
Effect on delegations: Nil
Effect on systems: Nil