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MIGRATION REGULATIONS 1994 - REG 2.104

Circumstances in which the Minister may disclose personal information

  (1)   For the purposes of subsection   140ZH(2) of the Act, this regulation sets out the circumstances in which the Minister may disclose personal information under subsection   140ZH(1) or (1A) of the Act.

  (2)   Each of the following are circumstances in which the Minister may disclose personal information to a visa holder or a former visa holder:

  (a)   the disclosure of the information may assist Immigration in determining:

  (i)   whether an approved sponsor or a former approved sponsor has failed to satisfy a sponsorship obligation; or

  (ii)   whether a circumstance prescribed under section   140L of the Act exists in relation to an approved sponsor or a former approved sponsor of the visa holder or the former visa holder;

  (b)   the disclosure of the information may assist the visa holder or former visa holder to recover a debt under section   140S of the Act;

  (c)   the disclosure of the information will notify the visa holder or the former visa holder that their approved sponsor or former approved sponsor has been sanctioned:

  (i)   for a failure to satisfy a sponsorship obligation prescribed under section   140H of the Act; or

  (ii)   due to the existence of a circumstance prescribed under section   140L of the Act;

  (d)   the disclosure of the information will notify the visa holder or the former visa holder of the outcome of an allegation made by the visa holder or the former visa holder in relation to an approved sponsor or a former approved sponsor.

  (3)   Each of the following are circumstances in which the Minister may disclose personal information to an approved sponsor or a former approved sponsor:

  (a)   the disclosure of the information may assist the approved sponsor or former approved sponsor:

  (i)   to respond to a claim that a sponsorship obligation has not been satisfied; or

  (ii)   to respond to a claim that a circumstance prescribed under section   140L of the Act exists; or

  (iii)   to satisfy a sponsorship obligation; or

  (iv)   to meet a liability to a visa holder or a former visa holder;

  (b)   the disclosure of the information will notify the approved sponsor or former approved sponsor that he or she is no longer the approved sponsor of a visa holder or a former visa holder;

  (c)   if the approved sponsor or former approved sponsor is an approved work sponsor or former approved work sponsor--the disclosure of the information will notify that sponsor of the cancellation of a visa held by a person who is or was a primary sponsored person, or a secondary sponsored person, of that sponsor;

  (d)   if the approved sponsor or former approved sponsor is an approved family sponsor or former approved family sponsor--the disclosure of the information will notify that sponsor of the cancellation of a visa held by a person who is or was sponsored by that sponsor.

  (4)   Each of the following are circumstances in which the Minister may disclose personal information to an agency of the Commonwealth or a State or Territory of a kind mentioned in subregulation   2.103(3) or 2.103A(4):

  (a)   the disclosure of the information may assist the agency to perform its functions;

  (b)   the disclosure of the information may assist Immigration in determining:

  (i)   whether an approved sponsor or a former approved sponsor has satisfied a sponsorship obligation; or

  (ii)   whether a circumstance prescribed under section   140L of the Act exists in relation to an approved sponsor or a former approved sponsor.


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