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MIGRATION REGULATIONS 1994 - REG 3.03

Evidence of identity and visa for persons entering Australia (Act s 166)

          (1A)  For the purposes of subparagraph 166(1)(a)(i) of the Act, an image of a person's face and shoulders is prescribed as other evidence of the person's identity and Australian citizenship.

             (1)  For paragraph 166(1)(b) of the Act, the information required to be provided to a clearance authority is that set out in regulation 3.02.

          (2A)  For the purposes of subsection 166(3) of the Act, a person who seeks to comply with subparagraph 166(1)(a)(i) of the Act by presenting an image of the person's face and shoulders must do so by presenting themselves to an authorised system.

             (2)  For subsection 166(3) of the Act, an Australian citizen who is required to comply with section 166 of the Act must provide a completed passenger card to a clearance officer.

             (3)  For subsection 166(3) of the Act, a non-citizen who is required to comply with section 166 of the Act must:

                     (a)  if the non-citizen is taken to hold a special purpose visa--provide a completed passenger card to a clearance officer if required by Part 1 of Schedule 9 and present:

                              (i)  the non-citizen's passport to an authorised system; or

                             (ii)  an image of the non-citizen's face and shoulders by presenting themselves to an authorised system; or

                            (iii)  evidence of the non-citizen's identity, as specified in that Part, to a clearance officer; and

                     (b)  if the non-citizen is eligible to hold a special category visa:

                              (i)  present an image of the non-citizen's face and shoulders by presenting themselves to an authorised system or present a New Zealand passport that is in force to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer; and

                     (d)  if the non-citizen holds an Electronic Travel Authority (Class UD) visa:

                              (i)  present an image of the non - citizen's face and shoulders by presenting themselves to an authorised system or present evidence of the non-citizen's identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer; and

                     (e)  if the non-citizen is a person mentioned in paragraph 1223A(1)(c) of Schedule 1 , as in force before 23 March 2013, who holds a Temporary Business Entry (Class UC) visa:

                              (i)  present an image of the non - citizen's face and shoulders by presenting themselves to an authorised system or present evidence of the non - citizen's identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer; and

                    (ea)  if the non-citizen holds a Subclass 600 (Visitor) visa granted on the basis of an application which was taken to have been validly made under regulation 2.07AA:

                              (i)  present an image of the non - citizen's face and shoulders by presenting themselves to an authorised system or present evidence of the non - citizen's identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer; and

                      (f)  if the non-citizen holds a Subclass 417 (Working Holiday) or Subclass 676 (Tourist) visa granted on the basis of an Internet application:

                              (i)  present an image of the non - citizen's face and shoulders by presenting themselves to an authorised system or present evidence of the non - citizen's identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer; and

                    (fa)  if the non-citizen holds a Subclass 600 (Visitor) visa granted on the basis of an Internet application:

                              (i)  present an image of the non - citizen's face and shoulders by presenting themselves to an authorised system or present evidence of the non - citizen's identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer; and

                     (g)  if the non-citizen holds a Visitor (Class TV) visa:

                              (i)  present an image of the non-citizen's face and shoulders by presenting themselves to an authorised system or present evidence of the non-citizen's identity, as specified in Part 1 of Schedule 9, to a clearance authority; and

                             (ii)  provide a completed passenger card to a clearance officer.

Note:          Internet application is defined in regulation 1.03.

             (4)  For the purposes of subsection 166(3) of the Act, a non-citizen who is required to comply with section 166 of the Act (other than a non-citizen mentioned in subregulation (3)) must:

                     (a)  present:

                              (i)  an image of the non-citizen's face and shoulders by presenting themselves to an authorised system; or

                             (ii)  the non-citizen's passport to a clearance authority; and

                     (b)  if the non-citizen's visa is evidenced by a label and a clearance officer asks for the label to be shown--present the label to a clearance officer; and

                     (c)  provide a completed passenger card to a clearance officer.

             (5)  In this regulation:

"authorised system " means an automated system that is an authorised system for the purposes of section 166 of the Act.



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