Migration Regulations 1994

For subsection 261AA(1) of the Act, a circumstance is that the non‑citizen is in the company of, and restrained by:

an officer; or

in the case of a particular non‑citizen—another person directed by the Secretary to accompany and restrain the non‑citizen.

For subsection 261AA(1) of the Act, a circumstance is that each of the following applies:

immediately before being detained in immigration detention, the non‑citizen was detained under:

the Environment Protection and Biodiversity Conservation Act 1999;

the Fisheries Management Act 1991;

the Torres Strait Fisheries Act 1984;

the non‑citizen has provided a personal identifier or personal identifiers in accordance with the relevant Act in subparagraph (a)(i), (ii) or (iii).

Subregulation (2) applies to the provision of a personal identifier only if:

an authorised officer is satisfied that the personal identifier that has been provided is usable for a particular purpose set out in subsection 5A(3) of the Act; and

the authorised officer is satisfied about the integrity of the personal identifier; and

the authorised officer is satisfied that no further personal identifiers need to be collected from the non‑citizen to satisfy the purpose.

For paragraph 261AA(1A)(e) of the Act, an iris scan is prescribed.

Under subsection 261AA(1) of the Act, a non‑citizen who is in immigration detention must (other than in the prescribed circumstances) provide to an authorised officer one or more personal identifiers. Personal identifiers are mentioned in subsection 261AA(1A) of the Act, and include any prescribed personal identifiers.