Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 192A

Requests that authorisation be obtained

             (1)  If a person is required, under section 188 or 192, to provide one or more personal identifiers, he or she may request that an authorisation be obtained under this section. If the person makes such a request, he or she cannot be taken not to have complied with the requirement unless the authorisation is obtained.

             (2)  If a minor or an incapable person is required, under section 188 or 192, to provide one or more personal identifiers:

                     (a)  a parent or guardian of the minor or incapable person; or

                     (b)  if no parent or guardian of the minor or incapable person is readily available--an independent person;

may request that an authorisation be obtained under this section. If the parent, guardian or independent person makes such a request, the minor or incapable person cannot be taken not to have complied with the requirement unless the authorisation is obtained.

Applications for authorisation

             (3)  If, under subsection (1) or (2), a request has been made that an authorisation be obtained under this section, an authorised officer or officer must apply to a senior authorising officer for an authorisation relating to the person required to provide one or more personal identifiers.

             (4)  The senior authorising officer to whom the application is made must not be the authorised officer or officer who is requiring the person to provide one or more personal identifiers.

Authorisation

             (5)  The senior authorising officer must give the authorisation if he or she is reasonably satisfied that the person is:

                     (a)  a person whom an officer, in the course of exercising or considering the exercising of his or her powers under section 188, knows or reasonably suspects is a non‑citizen; or

                     (b)  detained for questioning detention under section 192.

             (6)  An authorisation under subsection (5):

                     (a)  may be given by telephone, fax or other electronic means; and

                     (b)  must be recorded in writing, and signed by the person giving the authorisation, within one business day after it is given.

             (7)  A failure to comply with paragraph (6)(b) does not affect the validity of an identification test carried out on the basis of that authorisation.

             (8)  The power to give an authorisation under subsection (5) cannot be delegated to any other person.

Definition

             (9)  In this section:

"senior authorising officer" means an officer 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.