Document ID: chunk:federal_register_of_legislation:C2024C00644:clause:2_29
Version: federal_register_of_legislation:C2024C00644
Segment Type: clause
Provision Reference: sch 2 cl 29
Character Range: 338318–339980

29  Authorised officers must require and carry out identification tests
 (1) The authorised officer must, other than in the circumstances prescribed for the purposes of subclause 28(1):
 (a) require the non‑citizen to provide one or more personal identifiers, of the type or types prescribed, by way of one or more identification tests carried out by the authorised officer; and
 (b) carry out the one or more identification tests on the non‑citizen.
 (2) However:
 (a) if the types of identification tests that the authorised officer may carry out is specified under clause 27—each identification test must be of a type so specified; and
 (b) each identification test must be carried out in accordance with Subdivision B; and
 (c) unless the authorised officer has reasonable grounds to believe that the non‑citizen is not a minor or an incapable person—each identification test must be carried out in accordance with the additional requirements of Division 3.
Note: Subclauses (1) and (2) correspond closely to section 261AB of the Migration Act 1958.
 (3) If:
 (a) the authorised officer is authorised because of clause 7 (which effectively treats as authorised officers for the purposes of certain provisions of this Schedule certain persons who are authorised officers for the purposes of certain provisions of the Migration Act 1958); and
 (b) an instrument under section 5D of that Act specifies the types of identification test the authorised officer may carry out;
paragraph (2)(a) of this clause has effect as if the specified types (except any specified under subclause 7(3) in relation to the authorised officer) had been specified under clause 27.