Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_24
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 24995–26852

24  At the end of section 188
Add:

 (4) If prescribed circumstances exist, the officer must require the person to provide one or more personal identifiers.

 (4A) An officer must not require, for the purposes of subsection (4), 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.

 (5) Subsection (4) does not limit the officer's power under subsection (1) to require the person to show the officer evidence (other than a personal identifier) of the person's identity or evidence of the person being a lawful non‑citizen.

 (6) A person is taken not to have complied with a requirement referred to in subsection (4) 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.

 (7) However, subsection (6) does not apply, in circumstances prescribed for the purposes of this subsection, if the personal identifier is of a prescribed type and the person:
 (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.