Commonwealth Consolidated Regulations

TORRES STRAIT FISHERIES REGULATIONS 1985 - REG 19

         (1)   For paragraph 30 (1) (b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non-citizen before carrying out an identification test are:

                (a)    the reason why a personal identifier is required to be provided; and

               (b)    how a personal identifier may be collected; and

                (c)    how any personal identifier that is collected may be used; and

               (d)    if the non-citizen is a minor or an incapable person -- how a personal identifier is to be obtained from a minor or incapable person.

Note    See Division 3 of Part 5 of Schedule 2 to the Act in relation to the identification of minors and incapable persons.

         (2)   Also, the authorised officer must inform the non-citizen:

                (a)    that a personal identifier may be produced in evidence in a court or tribunal in relation to the non-citizen who provided the personal identifier; and

               (b)    that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non-citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non-citizen's personal information; and

                (c)    that:

                          (i)    the Freedom of Information Act 1982 gives a
person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and

                         (ii)    the non-citizen has a right, under that Act, to seek:

                                   (A)     access to that information or those documents; and

                                   (B)     amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.

         (3)   For subclause 30 (3) of Schedule 2 of the Act, if a form is to be given to a non-citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non-citizen at a time that gives the non-citizen enough time to read and understand the form before the identification test is conducted.