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MIGRATION ACT 1958 - SECT 175

Departing person to present certain evidence etc.

Departing persons may be required to present evidence etc.

  (1)   A clearance officer may require a person who is on board, or about to board, a vessel that is due to depart from a place in Australia to a place outside Australia (whether or not after calling at other places in Australia) to:

  (a)   present the following evidence (which might include a personal identifier) to a clearance authority:

  (i)   if the person is a citizen (whether or not the person is also the national of a country other than Australia)--the person's Australian passport or prescribed other evidence of the person's identity and Australian citizenship;

  (ii)   if the person is a non - citizen--evidence of the person's identity and permission to remain in Australia; and

  (b)   provide to a clearance authority any information (including the person's signature, but not any other personal identifier) required by this Act or the regulations; and

  (c)   comply with any requirement made by a clearance officer under section   257A to provide one or more personal identifiers to a clearance authority; and

  (d)   if under paragraph   (a) the person presents evidence to an authorised system--provide to the authorised system a photograph or other image of the person's face and shoulders.

  (2)   A person is to comply with paragraphs   (1)(a) and (b) in a prescribed way.

Who may use an authorised system

  (2AA)   A person may comply with a requirement referred to in subsection   (1) to present or provide evidence, information or personal identifiers to an authorised system only if:

  (a)   the person holds an eligible passport; and

  (c)   either:

  (i)   before the vessel leaves Australia, a clearance officer does not require the person to present or provide evidence, information or personal identifiers referred to in subsection   (1) (other than a passenger card) to a clearance officer; or

  (ii)   if subparagraph   (i) applies--a clearance officer determines that the person has complied with the requirement referred to in subsection   (1).


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