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ELECTORAL AND REFERENDUM AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 196 - SCHEDULE 1

Amendments

(regulation 3)

[1] Subregulation 5 (1), before definition of referendum

insert

"prescribed authority "means an individual to whom subsection 91 (11) of the Act applies.

[2] Regulation 7

omit

an authority mentioned in Schedule 2

insert

a prescribed authority

[3] Regulation 8, heading

substitute

8
Agencies for the purposes of prescribed authorities (Act
s 91 (11) (a))

[4] Regulation 9, heading

substitute

9
Authorities for the purposes of prescribed authorities (Act
s 91 (11) (b))

[5] Regulation 10

omit

For the purposes of paragraph 91A (2A) (c) of the Act,

insert

(1)
For paragraph 91A (2A) (c) of the Act,

[6] Regulation 10

insert

(2)
For paragraph 91A (2A) (c) of the Act, Schedule 3 sets out purposes for which information that has been provided to a prescribed authority, under paragraph 91 (4A) (e) of the Act, may be used.

(3)
Subregulation (2) and Schedule 3 cease to have effect at the end of the period of 18 months starting when subregulation (2) commences.

[7] Schedule 2, heading

substitute


Schedule 2 Agencies and authorities

(regulations 7, 8 and 9)

[8] Schedule 2, Part 1

omit

Attorney-General's Department

[9] Schedule 2, Part 1

after

Department of the Environment and Heritage

insert

Department of Family and Community Services

[10] Schedule 2, Part 2

omit

Australian Government Solicitor

[11] Schedule 2, Part 2

after

Director of Public Prosecutions

insert

Insolvency and Trustee Service Australia

[12] After Schedule 2

insert


Schedule 3 Purposes for use of information

(subregulation 10 (2))

Item


Agency or authority


Purpose


1


Australian Customs Service (ACS)


(a) Verifying the identity or status of travellers and consignees of cargo or postal articles
(b) Verifying the identity and status of importers and exporters
(c) Investigating criminal offences and offences against legislation administered by the ACS
(d) Checking the accuracy of information given to the ACS




(e) Verifying the identity of individuals on behalf of the government of another country, or on behalf of a law enforcement administration, under an international agreement or arrangement
(f) Surveillance purposes

Note
At the commencement of this Schedule, the following areas of the ACS will be using the information for these purposes:
* Border Division
* Investigations Branch
* Intelligence Branch
* Commercial Division


2


Australian Federal Police (AFP)


(a) Identifying or locating offenders, suspects or witnesses
(b) Deciding whether suspects can be eliminated from an investigation
(c) Target development
(d) Intelligence checks




(e) Protecting the safety of officers, staff members, AFP employees and special members
(f) Law enforcement
(g) Surveillance

Note
At the commencement of this Schedule, AFP Headquarters and each State and Territory Office of the AFP will be using the information for these purposes


3


Australian Securities and Investments Commission (ASIC)


(a) Identifying or locating suspects or witnesses
(b) Surveillance
(c) Law enforcement

Note
At the commencement of this Schedule, the following areas of ASIC will be using the information for these purposes:
* Operational enforcement teams
* National Intelligence and Analytical Service


4


Australian Taxation Office (ATO)


(a) Identifying or locating taxpayers
(b) Preventing, detecting or investigating taxation fraud

Note
At the commencement of this Schedule, the following areas of the ATO will be using the information for these purposes:
* Individuals Non-Business Business Line
* Small Business Business Line
* Withholding Tax Section
* GST Fraud Section


5


Centrelink


Preventing and detecting fraud relating to identity or incorrect payments

Note
At the commencement of this Schedule, the Detection and Review Team of Centrelink will be using the information for this purpose


6


ComSuper


Locating members and former members for the purpose of protecting public revenue in relation to the payment of benefits, the recovery of overpayments and the review of entitlement to benefit

Note
At the commencement of this Schedule, the Records Management Unit of ComSuper will be using the information for this purpose


7


Department of Defence


Identifying debtors in relation to the Department

Note
At the commencement of this Schedule, the Accounting Operations unit of the Department will be using the information for this purpose


8


Department of Education, Training and Youth Affairs


Investigating criminal offences in relation to the Department's programs

Note
At the commencement of this Schedule, the National Investigations Unit of the Department will be using the information for this purpose


9


Department of Employment, Workplace Relations and Small Business


Identifying or locating suspects, debtors or witnesses in relation to criminal investigations

Note
At the commencement of this Schedule, the Compliance, Investigations and Recoveries Team of the Department will be using the information for this purpose


10


Department of Family and Community Services


Identifying or locating clients for debt management, determination or correction purposes

Note
At the commencement of this Schedule, the Child Support Agency will be using the information for this purpose


11


Department of Foreign Affairs and Trade


(a) Confirming the identity of passport applicants or identifiers of documents
(b) Verifying information relating to a passport or an application for a passport
(c) Locating parents who have not lodged an application for a passport, in connection with seeking consent to issue a passport to a minor




(d) Assisting in consular operations to locate next-of-kin in Australia

Note
At the commencement of this Schedule, the Passports Branch of the Department will be using the information for these purposes


12


Department of Immigration and Multicultural Affairs


(a) Facilitating travel to Australia, or entry to Australia, for an Australian citizen who may have lost his or her passport
(b) Enabling airport officers to identify travellers and confirm their status




(c) Assisting investigations and compliance staff in the detection of persons suspected of being in Australia unlawfully, or of working without authority, or of being involved in people smuggling

Note
At the commencement of this Schedule, the Border Control and Compliance Division of the Department will be using the information for these purposes


13


Department of Veterans' Affairs


Undertaking reviews of, or research into, the health of former members of the Defence Force

Note
At the commencement of this Schedule, the Disability Compensation Branch of the Department will be using the information for this purpose


14


National Crime Authority (NCA)


(a) Collecting, analysing or disseminating information or intelligence relating to relevant criminal activities
(b) Investigating matters relating to relevant criminal activities




(c) Assembling or analysing evidence about offences and suspected offences

Note
At the commencement of this Schedule, the General Manager, Operations, of the NCA will be using the information for these purposes




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