Document ID: chunk:federal_register_of_legislation:F2024C01033:reg:7:p45
Version: federal_register_of_legislation:F2024C01033
Segment Type: reg
Provision Reference: reg 7 (pt 45/46)
Character Range: 337179–339947

forensic procedure within the meaning of section 23WA of the Crimes Act 1914.
Note: See the note after regulation 14.01B for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

14.01E  Information to be provided before carrying out identification tests
 (1) For paragraph 30(1)(b) of Schedule 1 to the Act, the authorised officer must, before carrying out an identification test, inform the non‑citizen of the following matters:
 (a) the reason why a personal identifier is required to be provided;
 (b) how a personal identifier may be collected;
 (c) how any personal identifier that is collected may be used;
 (d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.
Note: See Division 3 of Part 5 of Schedule 1 to the Act in relation to the identification of minors and incapable persons.
 (2) The authorised officer must also inform the non‑citizen:
 (a) that a personal identifier may be produced in evidence in relation to the non‑citizen in a court or tribunal; and
 (b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Privacy Commissioner about the handling of the non‑citizen's personal information; and
 (c) that:
 (i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and
 (ii) the non‑citizen has a right, under that Act, to seek:
 (A) access to that information or those documents; and
 (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.
 (3) For subclause 30(3) of Schedule 1 to the Act, the approved officer complies with clause 30 by giving the non‑citizen the form mentioned in that subclause at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.

14.01F  Other personal identifiers
  For subclauses 41(3) and 53(3) and paragraph 42(3)(a) of Schedule 1 to the Act, the following types of personal identifier are prescribed:
 (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink, or digital livescanning technologies);
 (b) a measurement of a non‑citizen's height and weight;
 (c) a photograph or other image of a non‑citizen's face and shoulders;
 (d) an audio or a video recording of a non‑citizen (other than a video recording made under clause 37 of Schedule 1 to the Act);
 (e) an iris scan of a non‑citizen's eyes;
 (f) a non‑citizen's signature;
 (g) a sample of a non‑citizen's handwriting;
 (h) a photograph of a tattoo, scar or