Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_13:p1
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 13 (pt 1/2)
Character Range: 10265–13073

13  At the end of section 40
Add:

 (3) Without limiting subsection (1), if:
 (a) prescribed circumstances exist; and
 (b) the Minister has not waived the operation of this subsection in relation to granting the visa to the person;
the circumstances under subsection (1) may be, or may include, that the person has complied with any requirement of an officer to provide one or more personal identifiers in relation to the application for the visa.

 (3A) An officer must not require, for the purposes of subsection (3), a person to provide a personal identifier other than:
 (a) if the person is an applicant for a protection visa—any of the following (including any of the following in digital form):
 (i) fingerprints or handprints of the person (including those taken using paper and ink or digital livescanning technologies);
 (ii) a photograph or other image of the person's face and shoulders;
 (iii) an audio or a video recording of the person;
 (iv) an iris scan;
 (v) the person's signature;
 (vi) any other personal identifier contained in the person's passport or other travel document;
 (vii) any other personal identifier of a type prescribed for the purposes of paragraph (3C)(a); or
 (b) if the person is an applicant for a temporary safe haven visa within the meaning of section 37A, or any other visa of a class that the regulations designate as a class of humanitarian visas—any of the following (including any of the following in digital form):
 (i) fingerprints or handprints of the person (including those taken using paper and ink or digital livescanning technologies);
 (ii) a photograph or other image of the person's face and shoulders;
 (iii) an iris scan;
 (iv) the person's signature;
 (v) any other personal identifier contained in the person's passport or other travel document;
 (vi) any other personal identifier of a type prescribed for the purposes of paragraph (3C)(a); or
 (c) if paragraphs (a) and (b) do not apply—any of the following (including any of the following in digital form):
 (i) a photograph or other image of the person's face and shoulders;
 (ii) the person's signature;
 (iii) any other personal identifier contained in the person's passport or other travel document;
 (iv) any other personal identifier of a type prescribed for the purposes of paragraph (3C)(a).

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

 (3B) In requiring, for the purposes of subsection (3), a person to provide a personal identifier, an officer must not contravene regulations made for the purposes of paragraph (3C)(b).

 (3C) The regulations:
 (a) may prescribe other types of personal identifiers; and
 (b) may provide that a particular personal identifier referred to in subsection