Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 170

Certain persons to present evidence of identity

Persons on overseas vessels may be required to present evidence of identity

             (1)  A person, whether a citizen or a non-citizen, who travels, or appears to intend to travel, on an overseas vessel from a port to another port may be required by a clearance officer at either port or by officers at both ports:

                     (a)  to present to a clearance authority prescribed evidence (which might include a personal identifier) of the person's identity; and

                     (b)  to 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)  to 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--to 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 person leaves the port at which the requirement is made, 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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