Document ID: chunk:federal_register_of_legislation:C2024C00800:section:261ak:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 261AK (pt 1/2)
Character Range: 829002–831726

261AK  Retesting

When retesting is permitted
 (1) If:
 (a) an authorised officer has carried out an identification test (the earlier test) on a non‑citizen in accordance with this Division (including a test authorised under subsection (4)); and
 (b) either:
 (i) a personal identifier that is provided as a result of the earlier test being carried out is unusable; or
 (ii) an authorised officer or an officer is not satisfied about the integrity of that personal identifier;
the officer who carried out the earlier test or another officer may require the non‑citizen to provide the personal identifier again, and may carry out the test again in accordance with this Division, if:
 (c) the requirement is made while the earlier test is being carried out or immediately after it was carried out; or
 (d) carrying out the test again is authorised under subsection (4).
 (2) If the non‑citizen is required under subsection (1) to provide the personal identifier again, the non‑citizen is taken, for the purposes of this Division, not to have provided the personal identifier as a result of the earlier test being carried out.

Applications for authorisation to retest
 (3) An authorised officer may apply for an authorisation to carry out the test again. The application is to be made to:
 (a) if the earlier test was not a test authorised under subsection (4)—a senior authorising officer (who is not an officer referred to in subsection (1)); or
 (b) if the earlier test was a test authorised under subsection (4) by a senior authorising officer—the Secretary, Australian Border Force Commissioner or an SES Band 3 employee in the Department (who is not an officer referred to in subsection (1)).

Authorisation to retest
 (4) The senior authorising officer, Secretary, Australian Border Force Commissioner or SES Band 3 employee (as the case requires) may authorise the test to be carried out again if:
 (a) he or she is reasonably satisfied that the personal identifier that is provided as a result of the earlier test being carried out is unusable; or
 (b) he or she is not reasonably satisfied about the integrity of that personal identifier.
 (5) An authorisation under subsection (4):
 (a) may be given by telephone, fax or other electronic means; and
 (b) must be recorded in writing, and signed by the person giving the authorisation, within one business day after it is given.
 (6) 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.
 (7) The power to give an authorisation under subsection (4) cannot be delegated to any other person.

Use of force
 (8) An authorisation under subsection (4) does not authorise the use of