Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_28
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 28
Character Range: 126611–128196

28  Detainees must provide personal identifiers

 (1) A non‑citizen in detention must (other than in the prescribed circumstances) provide to an authorised officer one or more personal identifiers.

Note: A person who is an Australian citizen, or is a non‑citizen but an Australian resident, may be in detention but must be released as soon as an officer or detention officer knows or reasonably believes the person is an Australian citizen or resident.

 (2) An authorised officer must not require, for the purposes of subclause (1), a detainee to provide a personal identifier other than any of the following (including any of the following in digital form):
 (a) fingerprints or handprints of the detainee (including those taken using paper and ink or digital livescanning technologies);
 (b) a measurement of the detainee's height and weight;
 (c) a photograph or other image of the detainee's face and shoulders;
 (d) the detainee's signature;
 (e) any other personal identifier of a type prescribed for the purposes of this paragraph.

Note: Division 3 sets out further restrictions on the personal identifiers that minors and incapable persons can be required to provide.

 (3) The one or more personal identifiers are to be provided by way of one or more identification tests carried out by the authorised officer in accordance with this Division.

Note 1: Subject to certain restrictions, clause 32 allows reasonable force to be used to carry out identification tests under this Division.

Note 2: This clause corresponds closely to section 261AA of the Migration Act 1958.