Document ID: chunk:federal_register_of_legislation:F2025C00115:reg:4:p6
Version: federal_register_of_legislation:F2025C00115
Segment Type: reg
Provision Reference: reg 4 (pt 6/15)
Character Range: 732028–735047

(1) For subsection 261AA(1) of the Act, a circumstance is that the non‑citizen is in the company of, and restrained by:
 (a) an officer; or
 (b) in the case of a particular non‑citizen—another person directed by the Secretary to accompany and restrain the non‑citizen.
 (2) For subsection 261AA(1) of the Act, a circumstance is that each of the following applies:
 (a) immediately before being detained in immigration detention, the non‑citizen was detained under:
 (i) the Environment Protection and Biodiversity Conservation Act 1999;
 (ii) the Fisheries Management Act 1991;
 (iii) the Torres Strait Fisheries Act 1984;
 (b) the non‑citizen has provided a personal identifier or personal identifiers in accordance with the relevant Act in subparagraph (a)(i), (ii) or (iii).
 (3) Subregulation (2) applies to the provision of a personal identifier only if:
 (a) an authorised officer is satisfied that the personal identifier that has been provided is usable for a particular purpose set out in subsection 5A(3) of the Act; and
 (b) the authorised officer is satisfied about the integrity of the personal identifier; and
 (c) the authorised officer is satisfied that no further personal identifiers need to be collected from the non‑citizen to satisfy the purpose.
 (4) For paragraph 261AA(1A)(e) of the Act, an iris scan is prescribed.
Note: Under subsection 261AA(1) of the Act, a non‑citizen who is in immigration detention must (other than in the prescribed circumstances) provide to an authorised officer one or more personal identifiers. Personal identifiers are mentioned in subsection 261AA(1A) of the Act, and include any prescribed personal identifiers.

3.31  Authorised officers must require and carry out identification tests
  For paragraph 261AB(1)(a) of the Act, the types of personal identifiers are as follows:
 (a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);
 (b) a measurement of the non‑citizen's height and weight;
 (c) a photograph or other image of the non‑citizen's face and shoulders;
 (d) the non‑citizen's signature.

Part 4—Review of decisions—reviewable migration and protection decisions

Division 4.1A—Preliminary

4.01  Interpretation
  Expressions used in this Part, other than nominated and sponsored, have the same respective meanings as in Part 5 of the Act.

Division 4.1—Review of reviewable migration decisions

4.01A  Application of this Division
  This Division applies in relation to the review of reviewable migration decisions.
Note: The review of reviewable protection decisions is dealt with in Division 4.2.

4.02  Reviewable migration decisions and who may apply for review
 (1A) For paragraph 338(2)(d) of the Act, the following visas are prescribed:
 (a) a Subclass 401 (Temporary Work (Long Stay Activity)) visa;
 (aa) a Subclass 402 (Training and Research) visa;
 (b) a Subclass 407 (Training) visa;
 (c) a Subclass 416 (Special Program) visa;
 (e) a Subclass 420 (Entertainment)