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MIGRATION ACT 1958 - SECT 5A

Meaning of personal identifier

  (1)   In this Act:

"personal identifier" means any of the following (including any of the following in digital form):

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

  (b)   a measurement of a person's height and weight;

  (c)   a photograph or other image of a person's face and shoulders;

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

  (e)   an iris scan;

  (f)   a person's signature;

  (g)   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 .

  (2)   Before the Governor - General makes regulations for the purposes of paragraph   (1)(g) prescribing an identifier, the Minister must be satisfied that:

  (a)   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

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

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

  (3)   The purposes are:

  (a)   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

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

  (c)   to improve the integrity of entry programs; and

  (ca)   to improve passenger processing at Australia's border; and

  (d)   to facilitate a visa - holder's access to his or her rights under this Act or the regulations; and

  (e)   to improve the procedures for determining visa applications; and

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

  (fa)   to assist in determining whether a person is an unlawful non - citizen or a lawful non - citizen; and

  (g)   to enhance the Department's ability to identify non - citizens who have a criminal history or who are of character concern; and

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

  (h)   to combat document and identity fraud in immigration matters; and

  (i)   to detect forum shopping by applicants for visas; and

  (j)   to ascertain whether:

  (i)   an applicant for a protection visa; or

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

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

    had sufficient opportunity to avail himself or herself of protection before arriving in Australia; and

  (k)   to complement anti - people smuggling measures; and

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


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