Document ID: chunk:federal_register_of_legislation:F2016C00633:reg:19
Version: federal_register_of_legislation:F2016C00633
Segment Type: reg
Provision Reference: reg 19
Character Range: 23051–24982

19  Information to be provided before carrying out identification tests
 (1) For paragraph 30(1)(b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:
 (a) the reason why a personal identifier is required to be provided; and
 (b) how a personal identifier may be collected; and
 (c) how any personal identifier that is collected may be used; and
 (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 2 to the Act in relation to the identification of minors and incapable persons.
 (2) Also, the authorised officer must inform the non‑citizen:
 (a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; 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 Australian Information 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 (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.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 2 of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.