Environment Protection and Biodiversity Conservation Act 1999

If:

an approved officer has carried out an identification test (the earlier test) on a non‑citizen in accordance with this Division (including a test authorised under subclause (4)); and

either:

a personal identifier that is provided as a result of the earlier test being carried out is unusable; or

an approved officer, authorised officer or detention officer is not satisfied about the integrity of that personal identifier;

the requirement is made while the earlier test is being carried out or immediately after it was carried out; or

carrying out the test again is authorised under subclause (4).

If the non‑citizen is required under subclause (1) to provide the personal identifier again, the non‑citizen is taken, for the purposes of this Division, not to have provided the personal identifier as a result of the earlier test being carried out.

An approved officer may apply for an authorisation to carry out the test again. The application is to be made to:

if the earlier test was not a test authorised under subclause (4)—a senior authorising officer (who is not an approved officer, authorised officer or detention officer referred to in subclause (1)); or

if the earlier test was a test authorised under subclause (4) by a senior authorising officer—the CEO, the Director or the Chief Executive Officer of the Great Barrier Reef Marine Park Authority (who is not an approved officer, authorised officer or detention officer referred to in subclause (1)).

The senior authorising officer, CEO, Director or Chief Executive Officer of the Great Barrier Reef Marine Park Authority (as the case requires) may authorise the test to be carried out again if:

he or she is reasonably satisfied that the personal identifier that is provided as a result of the earlier test being carried out is unusable; or

he or she is not reasonably satisfied about the integrity of that personal identifier.

An authorisation under subclause (4):

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

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

A record made under paragraph (5)(b) is not a legislative instrument.

A failure to comply with paragraph (5)(b) does not affect the validity of an identification test carried out on the basis of that authorisation.

The power to give an authorisation under subclause (4) cannot be delegated to any other person.

An authorisation under subclause (4) does not authorise the use of force in carrying out an identification test.

See clause 32 on the use of force in carrying out identification tests.

If an application for an authorisation to carry out an identification test again on a non‑citizen is refused, the non‑citizen is taken, for the purposes of this Schedule, to have complied with any requirement under this Schedule to provide the personal identifier in question.

In this clause:

This clause corresponds closely to section 261AK of the Migration Act 1958.