Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 3.10

  (1)   With the written consent of the Minister, use may be made of information collected under this Part   in respect of persons, being information that:

  (a)   is collected from passenger cards or passports, or contained in notified data bases (or both), by an officer of any Department or authority of the Commonwealth, or of a State or Territory; and

  (b)   is concerned with any of the following matters, namely law enforcement, national security, national intelligence, education, health, community services, social welfare, employment, labour, taxation, statistics, quarantine, customs, excise.

  (2)   The consent of the Minister for the use of information concerned with a matter specified in subregulation   (1) may be given in respect of a particular occasion or any number of occasions.

  (3)   If:

  (a)   the Commonwealth has entered into an agreement with another country in relation to the provision of information concerning international movements of air traffic and persons on international flights; and

  (b)   the Minister is satisfied that the provision to that country of the information specified in subregulation   (4) would facilitate the handling of aircraft or of persons travelling to destinations outside Australia;

the Minister may cause that information to be provided to the immigration authorities of that country.

  (3A)   If:

  (a)   the Commonwealth has entered into an agreement with an international air carrier in relation to the provision of information concerning persons on international flights; and

  (b)   the Minister is satisfied that the provision to that international air carrier of the information specified in subregulation   (4) would facilitate the handling of persons travelling to destinations outside Australia;

the Minister may cause that information to be provided to that international air carrier.

  (4)   For paragraph   (3)(b), in relation to a person travelling to (or to and beyond) the country mentioned in that paragraph, and for paragraph   (3A)(b), in relation to a person travelling with the international air carrier mentioned in that paragraph, the following information is specified:

  (a)   name;

  (b)   date of birth;

  (c)   citizenship;

  (ca)   sex;

  (cb)   class and subclass of visa;

  (cc)   when the visa ceases to be in effect;

  (d)   passport number;

  (e)   date of departure from Australia;

  (f)   flight number;

  (g)   place of intended disembarkation;

  (h)   ultimate destination.

Note:   Under the Act, a visa is an Australian visa issued in accordance with the Act.

  (5)   If the Commonwealth enters into an agreement of a kind referred to in paragraph   (3)(a) or (3A)(a):

  (a)   the Minister must, as soon as is practicable, cause notice of the fact to be published in the Gazette ; and

  (b)   information must not be made available under the agreement earlier than the day after the day on which the notice is published.