Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_29
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 29
Character Range: 555530–557226

29  Approved officers must require and carry out identification tests

 (1) The approved officer must, other than in the circumstances prescribed for the purposes of subclause 28(1):
 (a) require the non‑citizen to provide one or more personal identifiers, of the type or types prescribed, by way of one or more identification tests carried out by the approved officer; and
 (b) carry out the one or more identification tests on the non‑citizen.

 (2) However:
 (a) if the types of identification tests that the approved officer may carry out are specified under clause 27—each identification test must be of a type so specified; and
 (b) each identification test must be carried out in accordance with Subdivision B; and
 (c) unless the approved officer has reasonable grounds to believe that the non‑citizen is not a minor or an incapable person—each identification test must be carried out in accordance with the additional requirements of Division 3.

Note: Subclauses (1) and (2) correspond closely to section 261AB of the Migration Act 1958.

 (3) If:
 (a) the approved officer is authorised because of clause 7 (which effectively treats as approved officers for the purposes of certain provisions of this Schedule certain persons who are authorised Migration Act officers for the purposes of certain provisions of the Migration Act 1958); and
 (b) an instrument under section 5D of that Act specifies the types of identification test the authorised Migration Act officer may carry out;
paragraph (2)(a) of this clause has effect as if the specified types (except any specified under subclause 7(3) in relation to the authorised Migration Act officer) had been specified under clause 27.