Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_28
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 28170–29865

28  After subsection 192(2)
Insert:

 (2A) If a non‑citizen is detained under subsection (1) and prescribed circumstances exist, the non‑citizen must be required by an officer to provide one or more personal identifiers.

 (2AA) An officer must not require, for the purposes of subsection (2A), a person to provide a personal identifier other than any of the following (including any of the following in digital form):
 (a) a photograph or other image of the person's face and shoulders;
 (b) the person's signature;
 (c) any other personal identifier contained in the person's passport or other travel document;
 (d) any other personal identifier of a type prescribed for the purposes of this paragraph.

Note: Division 13AB sets out further restrictions on the personal identifiers that minors and incapable persons can be required to provide.

 (2B) A non‑citizen is taken not to have complied with a requirement referred to in subsection (2A) unless the one or more personal identifiers are provided by way of one or more identification tests carried out by an authorised officer.

Note: If the types of identification tests that the authorised officer may carry out are specified under section 5D, then each identification test must be of a type so specified.

 (2C) However, subsection (2B) does not apply, in circumstances prescribed for the purposes of this subsection, if the personal identifier is of a prescribed type and the non‑citizen:
 (a) provides a personal identifier otherwise than by way of an identification test carried out by an authorised officer; and
 (b) complies with any further requirements that are prescribed relating to the provision of the personal identifier.