Commonwealth Consolidated Acts

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

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).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback