Migration Regulations 1994-Specification under regulation 3 10A-Access to Movement Records-September 2012 [F2013L00444]-New and Concluded Matters [2013] AUSStaCSDLM 108 (21 March 2013)

• Migration Regulations 1994 – Specification under regulation 3.10A – Access to Movement Records – September 2012 [F2013L00444]
• Drafting

---

Migration Regulations 1994 – Specification under regulation 3.10A – Access to Movement Records – September 2012 [F2013L00444]

Purpose	Revokes the Migration Regulations 1994 - Specification under regulation 3.10A - Access to Movement Records - September 2012 and permits the use of movement records information by external agencies to administer a variety of legislation
Last day to disallow	25 June 2013
Authorising legislation	Migration Regulations 1994
Department	Immigration and Citizenship

ISSUE:

Drafting

The ES to the instrument states that it is made under regulation 3.10A of the Migration Regulations 1994. As regulation 3.10A contains no express power to amend, vary or revoke an instrument, the instrument presumably also relies on subsection 33(3) of the Acts Interpretation Act 1901, which provides that the power to make an instrument includes the power to vary or revoke the instrument. If that is the case, it would be preferable for the making words of the instrument and the ES to clearly identify the authority for the exercise of the power. The committee will therefore draw this issue to the attention of the minister.