2004-2005-2006-2007 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Migration Legislation Amendment (Information and Other Measures) Bill 2007 No. , 2007 (Immigration and Citizenship) A Bill for an Act to amend the law relating to migration, fisheries and the environment, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--Personal identifiers 5 Part 1--Main amendments 5 Environment Protection and Biodiversity Conservation Act 1999 5 Fisheries Management Act 1991 7 Migration Act 1958 10 Torres Strait Fisheries Act 1984 12 Part 2--Amendments contingent on the Australian Citizenship (Transitionals and Consequentials) Act 2007 16 Division 1--Amendments that commence if the Australian Citizenship (Transitionals and Consequentials) Act 2007 has not yet commenced 16 Migration Act 1958 16 Division 2--Other amendments contingent on the Australian Citizenship (Transitionals and Consequentials) Act 2007 17 Australian Citizenship (Transitionals and Consequentials) Act 2007 17 Migration Act 1958 18 Schedule 2--Authorisations relating to movement records 20 Migration Act 1958 20 Schedule 3--Other amendments 21 Migration Act 1958 21 [Page Break] 1 migration, fisheries and the environment, and for 2 related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Migration Legislation Amendment 6 (Information and Other Measures) Act 2007. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 13 Migration Legislation Amendment (Information and Other Measures) Bill 2007 No. , 2007 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1, A single day to be fixed by Proclamation. Part 1 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3. Schedule 1, At the same time as the provision(s) covered Part 2, Division 1 by table item 2. However, Division 1 of Part 2 of Schedule 1 to this Act does not commence at all if Schedule 1 to the Australian Citizenship (Transitionals and Consequentials) Act 2007 commences at or before that time. 4. Schedule 1, Immediately before the commencement of items 66 and 67 Schedules 1 and 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007. However, items 66 and 67 of Schedule 1 to this Act do not commence at all if Schedules 1 and 3 to the Australian Citizenship (Transitionals and Consequentials) Act 2007 commence at or before the time that the provision(s) covered by table item 2 commence. 5. Schedule 1, The later of: item 68 (a) the time the provision(s) covered by table item 2 commence; and (b) immediately after the commencement of Schedule 1 to the Australian Citizenship (Transitionals and Consequentials) Act 2007. However, the provision(s) do not commence [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details at all if the event mentioned in paragraph (b) does not occur. 6. Schedule 1, At the same time as the provision(s) covered item 69 by table item 2. However, item 69 of Schedule 1 to this Act does not commence at all if Schedule 1 to the Australian Citizenship (Transitionals and Consequentials) Act 2007 does not commence at or before that time. 7. Schedule 1, Immediately after the commencement of item 70 Schedule 1 to the Australian Citizenship (Transitionals and Consequentials) Act 2007. However, item 70 of Schedule 1 to this Act does not commence at all if Schedule 1 to the Australian Citizenship (Transitionals and Consequentials) Act 2007 commences at or before the time the provision(s) covered by table item 2 commence. 8. Schedule 1, At the same time as the provision(s) covered items 71 and 72 by table item 2. 9. Schedule 2 At the same time as the provision(s) covered by table item 2. 10. Schedule 3 The day on which this Act receives the Royal Assent. Note: This table relates only to the provisions of this Act as originally 1 passed by both Houses of the Parliament and assented to. It will not be 2 expanded to deal with provisions inserted in this Act after assent. 3 (2) Column 3 of the table contains additional information that is not 4 part of this Act. Information in this column may be added to or 5 edited in any published version of this Act. 6 3 Schedule(s) 7 Each Act that is specified in a Schedule to this Act is amended or 8 repealed as set out in the applicable items in the Schedule 9 [Page Break] 1 according to its terms. 2 [Page Break] Schedule 1--Personal identifiers 2 Part 1--Main amendments 3 Environment Protection and Biodiversity Conservation Act 4 1999 5 1 Paragraphs 26(3)(a) and (b) of Schedule 1 6 Omit "non-citizen", substitute "person". 7 2 Clause 49 of Schedule 1 (definition of disclose) 8 Repeal the definition, substitute: 9 disclose, in relation to identifying information that is a personal 10 identifier provided under clause 28, includes provide unauthorised 11 access to the personal identifier. 12 Note: Clause 52 deals with authorised access to identifying information. 13 3 Clause 49 of Schedule 1 (definition of identifying 14 information) 15 Repeal the definition, substitute: 16 identifying information means the following: 17 (a) any personal identifier provided under clause 28; 18 (b) any meaningful identifier derived from any such personal 19 identifier; 20 (c) any record of a result of analysing any such personal 21 identifier or any meaningful identifier derived from any such 22 personal identifier; 23 (d) any other information, derived from any such personal 24 identifier, from any meaningful identifier derived from any 25 such personal identifier or from any record of a kind referred 26 to in paragraph (c), that could be used to discover a particular 27 person's identity or to get information about a particular 28 person. 29 4 After subclause 51(1) of Schedule 1 30 Insert: 31 [Page Break] 1 grounds that the access is necessary to prevent or lessen a serious 2 and imminent threat to the life or health of the person or of any 3 other person. 4 Note: A defendant bears an evidential burden in relation to the matter in 5 subclause (1A) (see subsection 13.3(3) of the Criminal Code). 6 5 Paragraph 52(2)(g) of Schedule 1 7 Repeal the paragraph, substitute: 8 (g) the purposes of this Act; 9 6 After subclause 53(1) of Schedule 1 10 Insert: 11 (1A) This clause does not apply if the person believes on reasonable 12 grounds that the disclosure is necessary to prevent or lessen a 13 serious and imminent threat to the life or health of the person or of 14 any other person. 15 Note: A defendant bears an evidential burden in relation to the matter in 16 subclause (1A) (see subsection 13.3(3) of the Criminal Code). 17 7 Subparagraph 53(2)(a)(i) of Schedule 1 18 Omit "non-citizen", substitute "person". 19 8 Subparagraph 53(2)(a)(ii) of Schedule 1 20 Omit "non-citizens", substitute "persons". 21 9 Paragraph 53(2)(d) of Schedule 1 22 Omit "non-citizen", substitute "person". 23 10 After paragraph 53(2)(d) of Schedule 1 24 Insert: 25 (da) is to an agency of the Commonwealth or of a State or 26 Territory in order to verify that a person is an Australian 27 citizen or holds a visa of a particular class; or 28 11 After paragraph 53(2)(e) of Schedule 1 29 Insert: 30 (ea) is reasonably necessary for the enforcement of the criminal 31 law of the Commonwealth or of a State or Territory; or 32 [Page Break] 1 State or Territory; or 2 12 Paragraph 53(2)(f) of Schedule 1 3 Omit "non-citizen", substitute "person". 4 13 Paragraph 53(2)(g) of Schedule 1 5 Repeal the paragraph, substitute: 6 (g) is for the purpose of an investigation by the Privacy 7 Commissioner or the Ombudsman relating to action taken by 8 the Department; or 9 14 After paragraph 53(2)(h) of Schedule 1 10 Insert: 11 (ha) is a disclosure of an audio or a video recording for the 12 purposes of: 13 (i) this Act or the regulations; and 14 (ii) transcribing or translating the recording, or conducting 15 language analysis or accent analysis of the recording; or 16 15 Paragraph 53(2)(i) of Schedule 1 17 Omit "non-citizen", substitute "person". 18 Fisheries Management Act 1991 19 16 Paragraphs 26(3)(a) and (b) of Schedule 1A 20 Omit "non-citizen", substitute "person". 21 17 Clause 49 of Schedule 1A (definition of disclose) 22 Repeal the definition, substitute: 23 disclose, in relation to identifying information that is a personal 24 identifier provided under clause 28, includes provide unauthorised 25 access to the personal identifier. 26 Note: Clause 52 deals with authorised access to identifying information. 27 18 Clause 49 of Schedule 1A (definition of identifying 28 information) 29 Repeal the definition, substitute: 30 [Page Break] 1 (a) any personal identifier provided under clause 28; 2 (b) any meaningful identifier derived from any such personal 3 identifier; 4 (c) any record of a result of analysing any such personal 5 identifier or any meaningful identifier derived from any such 6 personal identifier; 7 (d) any other information, derived from any such personal 8 identifier, from any meaningful identifier derived from any 9 such personal identifier or from any record of a kind referred 10 to in paragraph (c), that could be used to discover a particular 11 person's identity or to get information about a particular 12 person. 13 19 After subclause 51(1) of Schedule 1A 14 Insert: 15 (1A) This clause does not apply if the person believes on reasonable 16 grounds that the access is necessary to prevent or lessen a serious 17 and imminent threat to the life or health of the person or of any 18 other person. 19 Note: A defendant bears an evidential burden in relation to the matter in 20 subclause (1A) (see subsection 13.3(3) of the Criminal Code). 21 20 Paragraph 52(2)(g) of Schedule 1A 22 Repeal the paragraph, substitute: 23 (g) the purposes of this Act; 24 21 After subclause 53(1) of Schedule 1A 25 Insert: 26 (1A) This clause does not apply if the person believes on reasonable 27 grounds that the disclosure is necessary to prevent or lessen a 28 serious and imminent threat to the life or health of the person or of 29 any other person. 30 Note: A defendant bears an evidential burden in relation to the matter in 31 subclause (1A) (see subsection 13.3(3) of the Criminal Code). 32 22 Subparagraph 53(2)(a)(i) of Schedule 1A 33 Omit "non-citizen", substitute "person". 34 [Page Break] 1 Omit "non-citizens", substitute "persons". 2 24 Paragraph 53(2)(d) of Schedule 1A 3 Omit "non-citizen", substitute "person". 4 25 After paragraph 53(2)(d) of Schedule 1A 5 Insert: 6 (da) is to an agency of the Commonwealth or of a State or 7 Territory in order to verify that a person is an Australian 8 citizen or holds a visa of a particular class; or 9 26 After paragraph 53(2)(e) of Schedule 1A 10 Insert: 11 (ea) is reasonably necessary for the enforcement of the criminal 12 law of the Commonwealth or of a State or Territory; or 13 (eb) is required by or under a law of the Commonwealth or of a 14 State or Territory; or 15 27 Paragraph 53(2)(f) of Schedule 1A 16 Omit "non-citizen", substitute "person". 17 28 Paragraph 53(2)(g) of Schedule 1A 18 Repeal the paragraph, substitute: 19 (g) is for the purpose of an investigation by the Privacy 20 Commissioner or the Ombudsman relating to action taken by 21 the Department; or 22 29 After paragraph 53(2)(h) of Schedule 1A 23 Insert: 24 (ha) is a disclosure of an audio or a video recording for the 25 purposes of: 26 (i) this Act or the regulations; and 27 (ii) transcribing or translating the recording, or conducting 28 language analysis or accent analysis of the recording; or 29 30 Paragraph 53(2)(i) of Schedule 1A 30 Omit "non-citizen", substitute "person". 31 [Page Break] 1 31 Paragraphs 5A(3)(a) and (b) 2 Omit "non-citizen", substitute "person". 3 32 Section 5B 4 Omit "non-citizen", substitute "person". 5 33 Section 336A (definition of disclose) 6 Repeal the definition, substitute: 7 disclose, in relation to identifying information that is a personal 8 identifier provided under section 40, 46, 166, 170, 175, 188, 192 or 9 261AA, includes provide unauthorised access to the personal 10 identifier. 11 Note: Section 336D deals with authorised access to identifying information. 12 34 Section 336A (definition of identifying information) 13 Repeal the definition, substitute: 14 identifying information means the following: 15 (a) any personal identifier provided under section 40, 46, 166, 16 170, 175, 188, 192 or 261AA; 17 (b) any meaningful identifier derived from any such personal 18 identifier; 19 (c) any record of a result of analysing any such personal 20 identifier or any meaningful identifier derived from any such 21 personal identifier; 22 (d) any other information, derived from any such personal 23 identifier, from any meaningful identifier derived from any 24 such personal identifier or from any record of a kind referred 25 to in paragraph (c), that could be used to discover a particular 26 person's identity or to get information about a particular 27 person. 28 35 After subsection 336C(1) 29 Insert: 30 (1A) This section does not apply if the person believes on reasonable 31 grounds that the access is necessary to prevent or lessen a serious 32 [Page Break] 1 other person. 2 Note: A defendant bears an evidential burden in relation to the matter in 3 subsection (1A) (see subsection 13.3(3) of the Criminal Code). 4 36 After subsection 336E(1) 5 Insert: 6 (1A) This section does not apply if the person believes on reasonable 7 grounds that the disclosure is necessary to prevent or lessen a 8 serious and imminent threat to the life or health of the person or of 9 any other person. 10 Note: A defendant bears an evidential burden in relation to the matter in 11 subsection (1A) (see subsection 13.3(3) of the Criminal Code). 12 37 Subparagraph 336E(2)(a)(i) 13 Omit "non-citizen", substitute "person". 14 38 Subparagraph 336E(2)(a)(ii) 15 Omit "non-citizens", substitute "persons". 16 39 Paragraph 336E(2)(d) 17 Omit "non-citizen", substitute "person". 18 40 After paragraph 336E(2)(d) 19 Insert: 20 (da) is to an agency of the Commonwealth or of a State or 21 Territory in order to verify that a person is an Australian 22 citizen or holds a visa of a particular class; or 23 41 After paragraph 336E(2)(e) 24 Insert: 25 (ea) is reasonably necessary for the enforcement of the criminal 26 law of the Commonwealth or of a State or Territory; or 27 (eb) is required by or under a law of the Commonwealth or of a 28 State or Territory; or 29 42 Paragraph 336E(2)(f) 30 Omit "non-citizen", substitute "person". 31 [Page Break] 1 Repeal the paragraph, substitute: 2 (g) is for the purpose of an investigation by the Privacy 3 Commissioner or the Ombudsman relating to action taken by 4 the Department; or 5 (ga) is for the purpose of facilitating or expediting the exercise of 6 powers, or performance of functions, of the Migration Agents 7 Registration Authority; or 8 44 Paragraph 336E(2)(i) 9 Omit "non-citizen", substitute "person". 10 Torres Strait Fisheries Act 1984 11 45 Paragraphs 26(3)(a) and (b) of Schedule 2 12 Omit "non-citizen", substitute "person". 13 46 Clause 49 of Schedule 2 (definition of disclose) 14 Repeal the definition, substitute: 15 disclose, in relation to identifying information that is a personal 16 identifier provided under clause 28, includes provide unauthorised 17 access to the personal identifier. 18 Note: Clause 52 deals with authorised access to identifying information. 19 47 Clause 49 of Schedule 2 (definition of identifying 20 information) 21 Repeal the definition, substitute: 22 identifying information means the following: 23 (a) any personal identifier provided under clause 28; 24 (b) any meaningful identifier derived from any such personal 25 identifier; 26 (c) any record of a result of analysing any such personal 27 identifier or any meaningful identifier derived from any such 28 personal identifier; 29 (d) any other information, derived from any such personal 30 identifier, from any meaningful identifier derived from any 31 such personal identifier or from any record of a kind referred 32 [Page Break] 1 person's identity or to get information about a particular 2 person. 3 48 After subclause 51(1) of Schedule 2 4 Insert: 5 (1A) This clause does not apply if the person believes on reasonable 6 grounds that the access is necessary to prevent or lessen a serious 7 and imminent threat to the life or health of the person or of any 8 other person. 9 Note: A defendant bears an evidential burden in relation to the matter in 10 subclause (1A) (see subsection 13.3(3) of the Criminal Code). 11 49 Paragraph 52(2)(g) of Schedule 2 12 Repeal the paragraph, substitute: 13 (g) the purposes of this Act; 14 50 After subclause 53(1) of Schedule 2 15 Insert: 16 (1A) This clause does not apply if the person believes on reasonable 17 grounds that the disclosure is necessary to prevent or lessen a 18 serious and imminent threat to the life or health of the person or of 19 any other person. 20 Note: A defendant bears an evidential burden in relation to the matter in 21 subclause (1A) (see subsection 13.3(3) of the Criminal Code). 22 51 Subparagraph 53(2)(a)(i) of Schedule 2 23 Omit "non-citizen", substitute "person". 24 52 Subparagraph 53(2)(a)(ii) of Schedule 2 25 Omit "non-citizens", substitute "persons". 26 53 Paragraph 53(2)(d) of Schedule 2 27 Omit "non-citizen", substitute "person". 28 54 After paragraph 53(2)(d) of Schedule 2 29 Insert: 30 [Page Break] 1 Territory in order to verify that a person is an Australian 2 citizen or holds a visa of a particular class; or 3 55 After paragraph 53(2)(e) of Schedule 2 4 Insert: 5 (ea) is reasonably necessary for the enforcement of the criminal 6 law of the Commonwealth or of a State or Territory; or 7 (eb) is required by or under a law of the Commonwealth or of a 8 State or Territory; or 9 56 Paragraph 53(2)(f) of Schedule 2 10 Omit "non-citizen", substitute "person". 11 57 Paragraph 53(2)(g) of Schedule 2 12 Repeal the paragraph, substitute: 13 (g) is for the purpose of an investigation by the Privacy 14 Commissioner or the Ombudsman relating to action taken by 15 the Department; or 16 58 After paragraph 53(2)(h) of Schedule 2 17 Insert: 18 (ha) is a disclosure of an audio or a video recording for the 19 purposes of: 20 (i) this Act or the regulations; and 21 (ii) transcribing or translating the recording, or conducting 22 language analysis or accent analysis of the recording; or 23 59 Paragraph 53(2)(i) of Schedule 2 24 Omit "non-citizen", substitute "person". 25 60 Transitional--Authorisations 26 (1) This item applies to an authorisation that: 27 (a) is in force under any of the following provisions immediately 28 before this item commences: 29 (i) clause 52 of Schedule 1 to the Environment Protection 30 and Biodiversity Conservation Act 1999; 31 [Page Break] 1 Act 1991; 2 (iii) clause 52 of Schedule 2 to the Torres Strait Fisheries 3 Act 1984; and 4 (b) specifies that access to identifying information is authorised 5 for the purpose of making decisions under that Act. 6 (2) The authorisation has effect on and after that commencement as if it 7 were an authorisation in force under that clause that specified that 8 access to identifying information is authorised for the purposes of that 9 Act. 10 61 Application 11 The amendments made by items 1 to 59 of this Schedule apply to access 12 to, or disclosure of, identifying information that occurs after those items 13 commence. 14 [Page Break] Part 2--Amendments contingent on the Australian 2 Citizenship (Transitionals and 3 Consequentials) Act 2007 4 Division 1--Amendments that commence if the 5 Australian Citizenship (Transitionals and 6 Consequentials) Act 2007 has not yet 7 commenced 8 Migration Act 1958 9 62 Paragraph 336D(2)(g) 10 Repeal the paragraph, substitute: 11 (g) the purposes of this Act or the regulations or of the 12 Australian Citizenship Act 1948 or the regulations made 13 under that Act; 14 Note: This item does not commence at all if Schedule 1 to the Australian Citizenship 15 (Transitionals and Consequentials) Act 2007 commences before Part 1 of this Schedule 16 commences. 17 63 After paragraph 336E(2)(h) 18 Insert: 19 (ha) is a disclosure of an audio or a video recording for the 20 purposes of: 21 (i) this Act or the regulations or the Australian Citizenship 22 Act 1948 or the regulations made under that Act; and 23 (ii) transcribing or translating the recording, or conducting 24 language analysis or accent analysis of the recording; or 25 Note: This item does not commence at all if Schedule 1 to the Australian Citizenship 26 (Transitionals and Consequentials) Act 2007 commences before Part 1 of this Schedule 27 commences. 28 64 Transitional--Authorisations 29 (1) This item applies to an authorisation that: 30 (a) is in force under section 336D of the Migration Act 1958 31 immediately before this item commences; and 32 [Page Break] 1 for the purpose of making decisions under: 2 (i) the Migration Act 1958 or the regulations made under 3 that Act; or 4 (ii) the Australian Citizenship Act 1948 or the regulations 5 made under that Act. 6 (2) The authorisation has effect on and after that commencement as if it 7 were an authorisation in force under that section that specified that 8 access to identifying information is authorised for the purposes of that 9 Act or the regulations made under that Act. 10 Note: This item does not commence at all if Schedule 1 to the Australian Citizenship 11 (Transitionals and Consequentials) Act 2007 commences before Part 1 of this Schedule 12 commences. 13 65 Application 14 The amendments made by items 62 and 63 of this Schedule apply to 15 access to, or disclosure of, identifying information that occurs after 16 those items commence. 17 Note: This item does not commence at all if Schedule 1 to the Australian Citizenship 18 (Transitionals and Consequentials) Act 2007 commences before Part 1 of this Schedule 19 commences. 20 Division 2--Other amendments contingent on the 21 Australian Citizenship (Transitionals and 22 Consequentials) Act 2007 23 Australian Citizenship (Transitionals and Consequentials) 24 Act 2007 25 66 Item 39 of Schedule 1 26 Repeal the item. 27 Note: This item does not commence at all if Schedules 1 and 3 to the Australian Citizenship 28 (Transitionals and Consequentials) Act 2007 commence before Part 1 of this Schedule 29 commences. 30 67 Item 22 of Schedule 3 31 Repeal the item. 32 Note: This item does not commence at all if Schedules 1 and 3 to the Australian Citizenship 33 (Transitionals and Consequentials) Act 2007 commence before Part 1 of this Schedule 34 commences. 35 [Page Break] 1 68 Paragraph 336D(2)(g) 2 Repeal the paragraph, substitute: 3 (g) the purposes of this Act or the regulations or of the 4 Australian Citizenship Act 2007 or the regulations made 5 under that Act; 6 69 After paragraph 336E(2)(h) 7 Insert: 8 (ha) is a disclosure of an audio or a video recording for the 9 purposes of: 10 (i) this Act or the regulations or the Australian Citizenship 11 Act 2007 or the regulations made under that Act; and 12 (ii) transcribing or translating the recording, or conducting 13 language analysis or accent analysis of the recording; or 14 Note: This item does not commence at all if Schedule 1 to the Australian Citizenship 15 (Transitionals and Consequentials) Act 2007 does not commence before Part 1 of this 16 Schedule commences. 17 70 Subparagraph 336E(2)(ha)(i) 18 Repeal the subparagraph, substitute: 19 (i) this Act or the regulations or the Australian Citizenship 20 Act 2007 or the regulations made under that Act; and 21 Note: This item does not commence at all if Schedule 1 to the Australian Citizenship 22 (Transitionals and Consequentials) Act 2007 commences before Part 1 of this Schedule 23 commences. 24 71 Transitional--Authorisations 25 (1) This item applies to an authorisation that: 26 (a) is in force under section 336D of the Migration Act 1958 27 immediately before this item commences; and 28 (b) specifies that access to identifying information is authorised 29 for the purpose of making decisions under: 30 (i) the Migration Act 1958 or the regulations made under 31 that Act; or 32 (ii) the Australian Citizenship Act 1948 or the regulations 33 made under that Act; or 34 [Page Break] 1 made under that Act. 2 (2) The authorisation has effect on and after that commencement as if it 3 were an authorisation in force under that section that specified that 4 access to identifying information is authorised for the purposes of that 5 Act or the regulations made under that Act. 6 72 Application 7 The amendment made by item 68, 69 or 70 of this Schedule applies to 8 access to, or disclosure of, identifying information that occurs after that 9 item commences. 10 [Page Break] Schedule 2--Authorisations relating to 2 movement records 3 4 Migration Act 1958 5 1 After paragraph 488(2)(a) 6 Insert: 7 (aa) authorise an officer, for the purpose of making a movement 8 record available to, and for the use of: 9 (i) the person to whom the record relates; or 10 (ii) the duly appointed agent of that person; 11 to perform one or more of those actions; or 12 2 Application provision 13 The amendment of the Migration Act 1958 made by this Schedule 14 applies in relation to any request made to the Department for access to a 15 movement record: 16 (a) by the person to whom the record relates; or 17 (b) by the duly appointed agent of that person; 18 on or after the commencement of this Schedule. 19 [Page Break] Schedule 3--Other amendments 2 3 Migration Act 1958 4 1 Subsection 5(1) (paragraph (a) of the definition of fisheries 5 detention offence) 6 Omit "100A, 101, 101A,", substitute "100A, 100B, 101, 101A, 7 101AA,". 8 2 Subsection 5(1) (paragraph (b) of the definition of fisheries 9 detention offence) 10 Omit "45, 48, 49 or 51", substitute "45, 46A, 46B, 46C, 46D, 48, 49, 11 49A, 51 or 51A". 12