Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Amendment of the Migration Act 1958
1 Paragraph 5A(3)(g)
Repeal the paragraph, substitute:
(g) to enhance the Department's ability to identify non - citizens who have a criminal history or who are of character concern; and
(ga) to assist in identifying persons who may be a security concern to Australia or a foreign country; and
2 Part 2 (heading)
Repeal the heading, substitute:
Part 2 -- Arrival, presence and departure of persons
3 Paragraph 166(1)(c)
Repeal the paragraph, substitute:
(c) comply with any requirement, made by a clearance officer before an event referred to in subparagraph 172(1)(a)(iii) or (b)(iii) or paragraph 172(1)(c) occurs, to provide one or more personal identifiers referred to in subsection ( 5) to a clearance authority; and
(d) if under paragraph ( a) the person presents evidence to an authorised system--provide to the authorised system a photograph or other image of the person's face and shoulders.
4 Subsection 166(2)
Omit "present evidence, or provide information,", substitute "present or provide evidence, information or personal identifiers".
5 Subparagraph 166(2)(c)(i)
Omit "neither the system nor a clearance officer requires", substitute "a clearance officer does not require".
6 Subsection 166(3) (heading)
Repeal the heading, substitute:
Complying with paragraphs ( 1)(a) and (b)
7 Before subsection 166(5)
Insert:
Personal identifiers provided under paragraph ( 1)(c)
8 Subsection 166(5)
Omit " paragraphs ( 1)(a) and (c), a person may only be required to present or", substitute " paragraph ( 1)(c), a person may only be required to".
9 Paragraph 166(5)(c)
After "identifier", insert "of a type".
10 Subsection 166(6)
Repeal the subsection.
11 Subsection 166(7)
Repeal the subsection, substitute:
(7) A person is taken not to have complied with a requirement to provide a personal identifier under paragraph ( 1)(c) or (d) unless the personal identifier is provided by way of one or more identification tests carried out by an authorised officer or authorised system.
12 Subsection 166(8)
Omit "non - citizen", substitute "person".
13 Paragraph 166(8)(a)
After "authorised officer", insert "or authorised system".
14 Paragraphs 170(1)(a) and (b)
Omit "the officer or an authorised system", substitute "a clearance authority".
15 At the end of subsection 170(1)
Add:
; and (c) to comply with any requirement made by a clearance officer to provide one or more personal identifiers referred to in subsection ( 2A) to a clearance authority; and
(d) if under paragraph ( a) the person presents evidence to an authorised system--to provide to the authorised system a photograph or other image of the person's face and shoulders.
16 Subsection 170(2)
Repeal the subsection, substitute:
Complying with subsection ( 1)
(2) A person is to comply with subsection ( 1) in a prescribed way.
17 Subsection 170(2AA)
Omit "present evidence, or provide information,", substitute "present or provide evidence, information or personal identifiers".
18 Subparagraph 170(2AA)(c)(i)
Omit "neither the system nor a clearance officer requires the person to present or provide evidence, information or personal identifiers referred to in subsection ( 1) or (2)", substitute "a clearance officer does not require the person to present or provide evidence, information or personal identifiers referred to in subsection ( 1)".
19 Subsection 170(2A) (heading)
Repeal the heading, substitute:
Personal identifiers provided under paragraph ( 1)(c)
20 Subsection 170(2A)
Omit " paragraph ( 1)(a) and subsection ( 2), a person may only be required to present or", substitute " paragraph ( 1)(c), a person may only be required to".
21 Paragraph 170(2A)(c)
After "identifier", insert "of a type".
22 Subsection 170(3)
Repeal the subsection.
23 Subsection 170(4)
Repeal the subsection, substitute:
(4) A person is taken not to have complied with a requirement to provide a personal identifier under paragraph ( 1)(c) or (d) unless the personal identifier is provided by way of one or more identification tests carried out by an authorised officer or authorised system.
24 Subsection 170(5)
Omit "non - citizen", substitute "person".
25 Paragraph 170(5)(a)
After "an authorised officer", insert "or authorised system".
26 Subsection 175(1)
Omit "to leave Australia (whether or not after calling at places in Australia)", substitute "due to depart from a place in Australia to a place outside Australia (whether or not after calling at other places in Australia)".
27 Paragraphs 175(1)(a) and (b)
Omit "the officer or an authorised system", substitute "a clearance authority".
28 At the end of subsection 175(1)
Add:
; and (c) comply with any requirement made by a clearance officer to provide one or more personal identifiers referred to in subsection ( 2A) to a clearance authority; and
(d) if under paragraph ( a) the person presents evidence to an authorised system--provide to the authorised system a photograph or other image of the person's face and shoulders.
29 Subsection 175(2)
Repeal the subsection, substitute:
Complying with subsection ( 1)
(2) A person is to comply with subsection ( 1) in a prescribed way.
30 Subsection 175(2AA)
Omit "present evidence, or provide information,", substitute "present or provide evidence, information or personal identifiers".
31 Subparagraph 175(2AA)(c)(i)
Omit "neither the system nor a clearance officer requires the person to present or provide evidence, information or personal identifiers referred to in subsection ( 1) or (2)", substitute "a clearance officer does not require the person to present or provide evidence, information or personal identifiers referred to in subsection ( 1)".
32 Subsection 175(2A) (heading)
Repeal the heading, substitute:
Personal identifiers provided under paragraph ( 1)(c)
33 Subsection 175(2A)
Omit " paragraph ( 1)(a) and subsection ( 2), a person may only be required to present or", substitute " paragraph ( 1)(c), a person may only be required to".
34 Paragraph 175(2A)(c)
After "identifier", insert "of a type".
35 Subsection 175(3)
Repeal the subsection.
36 Subsection 175(4)
Repeal the subsection, substitute:
(4) A person is taken not to have complied with a requirement to provide a personal identifier under paragraph ( 1)(c) or (d) unless the personal identifier is provided by way of one or more identification tests carried out by an authorised officer or authorised system.
37 Subsection 175(5)
Omit "non - citizen", substitute "person".
38 Paragraph 175(5)(a)
After "an authorised officer", insert "or authorised system".
39 At the end of Division 5 of Part 2
Add:
175B Collection, access and disclosure of information
Collection of information
(1) If a person presents or provides a document to a clearance authority under this Division, the clearance authority may collect information (including personal identifiers) in the document.
Access to, and disclosure of, personal information
(2) The following provisions:
(a) section 336D (which authorises access to identifying information);
(b) section 336E (other than subsection 336E(1)) and section 336F (which authorise disclosure of identifying information);
(c) a provision of an instrument made under section 336D or 336F;
apply to personal information (other than personal identifiers) collected under this Division in the same way as they apply to identifying information.
Effect on interpretation
(3) This section does not, by implication, affect the interpretation of any other provision of this Act or an instrument made under this Act.
40 Section 258
Omit "non - citizens" (wherever occurring), substitute "persons".
41 Section 258A (heading)
Repeal the heading, substitute:
258A When person cannot be required to provide personal identifier
42 Subsection 258B(1)
Omit "carrying out an identification test on a non - citizen", substitute "an authorised officer carries out an identification test on a person".
43 Paragraphs 258B(1)(a) and (b)
Omit "the non - citizen" (wherever occurring), substitute "the person".
44 Subsections 258B(2) and (3)
Omit "non - citizen" (wherever occurring), substitute "person".
45 Section 258C (heading)
Repeal the heading, substitute:
258C Information to be provided when identification tests not carried out
46 Section 258C
Omit "non - citizen" (wherever occurring), substitute "person".
47 Subsection 258D(1)
Omit "the authorised officer is to carry out identification tests on the non - citizen", substitute "an identification test is to be carried out on a person".
48 Subsection 258D(2)
Omit "non - citizen", substitute "person".
49 Subsection 258D(2)
Omit "carried out by an authorised officer".
50 Paragraphs 258E(a) and (e)
Omit "non - citizen", substitute "person".
51 Subsection 261AL(1)
Omit "non - citizen", substitute "person".
52 Paragraphs 261AL(1)(a) and (b)
Omit "non - citizen's" (wherever occurring), substitute "person's".
53 Subsection 261AL(5)
Omit "non - citizen", substitute "person".
54 Subsection 261AM(1)
Omit "non - citizen", substitute "person".
55 Paragraphs 261AM(1)(a) and (b)
Omit "non - citizen's" (wherever occurring), substitute "person's".
56 Subsection 261AM(4)
Omit "non - citizen", substitute "person".
57 Paragraph 336D(2)(g)
Repeal the paragraph, substitute:
(g) the purposes of:
(i) this Act or an instrument made under this Act; or
(ii) the Australian Citizenship Act 2007 or an instrument made under that Act; or
(iii) the Customs Act 1901 or an instrument made under that Act; or
(iv) any other law of the Commonwealth prescribed by the regulations;
58 Subparagraph 336E(2)(a)(iii)
Repeal the subparagraph, substitute:
(iii) identify non - citizens who have a criminal history or who are of character concern; or
(iiia) identify persons who may be a security concern to Australia or a foreign country; or
59 After paragraph 336E(2)(b)
Insert:
(ba) is for the purpose of:
(i) this Act or an instrument made under this Act; or
(ii) the Australian Citizenship Act 2007 or an instrument made under that Act; or
(iii) the Customs Act 1901 or an instrument made under that Act; or
(iv) any other law of the Commonwealth prescribed by the regulations; or
60 After paragraph 366E(2)(eb)
Insert:
(ec) is for the purpose of identifying non - citizens who have a criminal history or who are of character concern; or
(ed) is for the purpose of identifying persons who may be a security concern to Australia or a foreign country; or
Part 2 -- Application of amendments
61 Application of amendments
(1) The amendment made by item 1 of this Schedule, as it affects section 336A, 336D or 336F of the Migration Act 1958 , applies in relation to personal identifiers and personal information provided before or after the commencement of this Schedule.
(2) The amendment made by item 39 of this Schedule applies in relation to:
(a) documents presented or provided; or
(b) personal information provided;
before or after the commencement of this Schedule.
(3) The amendments made by items 57 to 60 apply in relation to personal identifiers and personal information provided before or after the commencement of this Schedule.
(4) If:
(a) an instrument was made for the purposes of a provision of the Migration Act 1958 ; and
(b) the instrument was in force immediately before the commencement of this Schedule; and
(c) the provision is amended by this Schedule;
then the instrument continues in force (and may be dealt with) as if it were made for the purposes of that provision as amended.