Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MIGRATION ACT 1958 - SECT 166

Persons entering to present certain evidence of identity etc.

Requirement to be immigration cleared

  (1)   A person, whether a citizen or a non - citizen, who enters Australia must, without unreasonable delay:

  (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 of a visa that is in effect and is held by the person; 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 before an event referred to in subparagraph   172(1)(a)(iii) or (b)(iii) or paragraph   172(1)(c) occurs, 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.

Note:   A person might be taken to have complied with this section under subsection   167(3) or (4) or might not be required to comply under section   168 or 169.

Who may use an authorised system

  (2)   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 an event referred to in subparagraph   172(1)(a)(iii) or (b)(iii) or paragraph   172(1)(c) occurs, a clearance officer does not require the person to present or provide evidence, information or personal identifiers referred to in subsection   (1) of this section (other than a passenger card) to a clearance officer; or

  (ii)   if subparagraph   (i) of this paragraph applies--a clearance officer determines that the person has complied with subsection   (1) of this section.

Complying with paragraphs   (1)(a) and (b)

  (3)   Subject to section   167, a person is to comply with paragraphs   (1)(a) and (b) of this section in a prescribed way.

  (4)   A person is taken to have complied with subparagraph   (1)(a)(i) if a clearance officer knows or reasonably believes that the person is an Australian citizen.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback