Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_38:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 38 (pt 2/2)
Character Range: 567242–568883

(5)(b) is not a legislative instrument.

 (7) A failure to comply with paragraph (5)(b) does not affect the validity of an identification test carried out on the basis of that authorisation.

 (8) The power to give an authorisation under subclause (4) cannot be delegated to any other person.

Use of force

 (9) An authorisation under subclause (4) does not authorise the use of force in carrying out an identification test.

Note: See clause 32 on the use of force in carrying out identification tests.

Effect of refusing to authorise retesting

 (10) If an application for an authorisation to carry out an identification test again on a non‑citizen is refused, the non‑citizen is taken, for the purposes of this Schedule, to have complied with any requirement under this Schedule to provide the personal identifier in question.

Definitions

 (11) In this clause:

senior authorising officer means an authorised officer, or detention officer, who:
 (a) has been authorised, or is included in a class of authorised officers or detention officers who have been authorised, by the Secretary to perform the functions of a senior authorising officer under this clause; and
 (b) is not the Secretary or an SES Band 3 employee in the Department.

SES Band 3 employee means an SES employee with a classification of Senior Executive Band 3, and includes an SES employee who has been temporarily assigned duties that have been allocated a classification of Senior Executive Band 3.

Note: This clause corresponds closely to section 261AK of the Migration Act 1958.

Subdivision C—Obligations relating to video recordings of identification tests