Commonwealth Consolidated Regulations

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MIGRATION REGULATIONS 1994 - REG 3.20

Information to be provided--authorised officers carrying out identification tests

  (1)   For subsection   258B(1) of the Act, the matters are:

  (a)   the reason why a personal identifier is required to be provided; and

  (b)   how a personal identifier may be collected; and

  (c)   how any personal identifier that is collected may be used; and

  (d)   the circumstances in which a personal identifier may be disclosed to a third party; and

  (e)   notification that a personal identifier may be produced in evidence in a court or tribunal in relation to the person who provided the personal identifier; and

  (f)   notification that the Privacy Act 1988 applies to a personal identifier, and that the person has a right to make a complaint to the Australian Information Commissioner about the handling of personal information; and

  (g)   notification that the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies, and that the person has a right under that Act to seek access to that information or those documents under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading; and

  (h)   if the person is a minor or incapable person--information concerning how a personal identifier is to be obtained from a minor or incapable person.

  (2)   For subsection   258B(3) of the Act, if a form is to be given to a person, it must be given to the person at a time that gives the person enough time to read and understand the form before the identification test is conducted.


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