Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_22
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 22
Character Range: 22727–24710

22  At the end of section 175
Add:

 (2) If prescribed circumstances exist, a non‑citizen who is on board, or about to board, a vessel that is to leave Australia (whether or not after calling at places in Australia) must be required by a clearance officer to provide one or more personal identifiers.

 (2A) An officer must not require, for the purposes of subsection (2), 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.

 (3) Subsection (2) does not limit a clearance officer's power under subparagraph (1)(a)(ii) to require a non‑citizen to show the officer evidence (other than a personal identifier) of the non‑citizen's identity.

 (4) A non‑citizen is taken not to have complied with a requirement referred to in subsection (2) 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.

 (5) However, subsection (4) 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.