Migration Act 1958

In this Act:

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;

See section 5BA.

an audio or a video recording of a person (other than a video recording under section 261AJ);

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 (1)(g) 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 subsection (3).

The purposes are:

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

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

to improve the integrity of entry programs; and

to improve passenger processing at Australia’s border; and

to facilitate a visa‑holder’s access to his or her rights under this Act or the regulations; and

to improve the procedures for determining visa applications; and

to improve the procedures for determining claims from people seeking protection as refugees; and

to assist in determining whether a person is an unlawful non‑citizen or a lawful non‑citizen; and

to enhance the Department’s ability to identify non‑citizens who have a criminal history or who are of character concern; and

to assist in identifying persons who may be a security concern to Australia or a foreign country; and

to combat document and identity fraud in immigration matters; and

to detect forum shopping by applicants for visas; and

to ascertain whether:

an applicant for a protection visa; or

an unauthorised maritime arrival who makes a claim for protection as a refugee; or

an unauthorised maritime arrival who makes a claim for protection on the basis that the person will suffer significant harm;

to complement anti‑people smuggling measures; and

to inform the governments of foreign countries of the identity of non‑citizens who are, or are to be, removed or deported from Australia.