Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_16:p1
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 16 (pt 1/2)
Character Range: 14296–17110

16  After subsection 46(2)
Insert:

 (2A) An application for a visa is invalid if:
 (a) prescribed circumstances exist; and
 (aa) the Minister has not waived the operation of this subsection in relation to the application for the visa; and
 (ab) the applicant has been required by an officer to provide one or more personal identifiers in relation to the application; and
 (b) the applicant has not complied with the requirement.

Note: An invalid application for a visa cannot give rise to an obligation under section 65 to grant a visa: see subsection 47(3).

 (2AA) An officer must not require, for the purposes of paragraph (2A)(ab), 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 (2AC)(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 (2AC)(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 (2AC)(a).

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

 (2AB) In requiring, for the purposes of paragraph (2A)(ab), a person to provide a personal identifier, an officer must not contravene regulations made for the purposes of paragraph (2AC)(b).

 (2AC) The regulations:
 (a) may prescribe