Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_261ak:p2
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 261AK (pt 2/2)
Character Range: 50317–51659

(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 has authorised, or who is included in a class of officers whom the Secretary 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.

SES employee has the meaning given by the Public Service Act 1999.

Subdivision C—Obligations relating to video recordings of identification tests