Environment Protection and Biodiversity Conservation Act 1999

In this Part:

fingerprints or handprints of a person (including those taken using paper and ink or digital livescanning technologies);

a measurement of a person’s height and weight;

a photograph or other image of a person’s face and shoulders;

an audio or a video recording of a person (other than a video recording under clause 37);

an iris scan;

a person’s signature;

any other identifier prescribed by the regulations, other than an identifier the obtaining of which would involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.

Before the Governor‑General makes regulations for the purposes of paragraph (g) of the definition of personal identifier in subclause (1) prescribing an identifier, the Minister must be satisfied that:

obtaining the identifier would not involve the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914; and

the identifier is an image of, or a measurement or recording of, an external part of the body; and

obtaining the identifier will promote one or more of the purposes referred to in subclause (3).

The purposes are:

to assist in the identification of, and to authenticate the identity of, any person who can be required under this Schedule to provide a personal identifier; and

to assist in identifying, in the future, any such person; and

to enhance the ability to identify non‑citizens who have a criminal history in matters relating to the environment; and

to combat document and identity fraud in matters relating to the environment; and

to complement anti‑people smuggling measures; and

to inform the governments of foreign countries of the identity of non‑citizens who have been detained under, or charged with offences against, an environmental law; and

to facilitate international cooperation to combat activities that involve a breach of the laws of Australia or of a foreign country.

This clause corresponds closely to section 5A of the Migration Act 1958.