Commonwealth Consolidated Regulations

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Procedure and requirements--identification test not carried out

             (1)  For subsection 258D(2) of the Act, subregulation (2) prescribes the procedures and requirements that apply if:

                     (a)  a person has applied for a visa; and

                     (b)  at the time of making the application the person is outside Australia; and

                     (c)  the person is required to provide a personal identifier under section 257A of the Act otherwise than by way of an identification test, in relation to the application.

             (2)  For subregulation (1), the person must be informed of the following matters:

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

                     (b)  how a personal identifier may be collected;

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

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

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

                      (f)  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;

                     (g)  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 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under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.

             (3)  The person may be informed of the matters in writing or orally.

             (4)  The manner in which the person is informed of the matters need not involve an officer or authorised officer informing the person of the matters.

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