The (LIN 25/001) prescribes the legislation, agencies, employees, and purposes for which access to movement records may be authorised under section 488 of the Migration Act 1958. It repeals the earlier instrument LIN 23/015 (2023).

Background and Scope:
Section 488 of the Migration Act prohibits unauthorised reading, use, or disclosure of movement records. The Minister can authorise access for prescribed legislation or by prescribed employees of government agencies for prescribed purposes.

Purpose of the Instrument:
To specify relevant Commonwealth, State, and Territory legislation for which access may be authorised. Access is limited to agencies and employees who require such information to administer relevant legislation or carry out compliance, enforcement, and investigative functions.

Key Changes from LIN 23/015:
Updates to the list of prescribed legislation, inclusion of ten additional agencies, and updates to agency names following Machinery of Government changes.

Human Rights Compatibility:
The instrument engages the right to privacy under Article 17 of the ICCPR. Protections are ensured under the Privacy Act 1988 and penalties under the Migration Act for unlawful disclosure.

Commencement and Status:
The instrument commences the day after registration and is subject to disallowance under the Legislation Act 2003.

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