Document ID: chunk:federal_register_of_legislation:C2024C00800:section:261ak:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 261AK (pt 2/2)
Character Range: 831490–832884

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 force in carrying out an identification test.
Note: See section 261AE on the use of force in carrying out identification tests.

Effect of refusing to authorise retesting
 (9) If an application for an authorisation to carry out an identification test again on a non‑citizen is refused, the non‑citizen is taken, for the purposes of this Act, to have complied with any requirement under this Act to provide the personal identifier in question.

Definitions
 (10) In this section:
senior authorising officer means an officer (other than an SES Band 3 employee in the Department) whom the Secretary or Australian Border Force Commissioner has authorised, or who is included in a class of officers whom the Secretary or Australian Border Force Commissioner has authorised, to perform the functions of a senior authorising officer under this section.
SES Band 3 employee means an SES employee with a classification of Senior Executive Band 3, and includes an SES employee who has been temporarily assigned duties that have been allocated a classification of Senior Executive Band 3.

Subdivision C—Obligations relating to video recordings of identification tests