CTHRepealedLegislation
Fisheries Management Regulations 1992
19EInformation to be provided before carrying out identification tests
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#### 19E Information to be provided before carrying out identification tests
(1) For paragraph 30(1)(b) of Schedule 1A of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test 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) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.
> Note: See Division 3 of Part 5 of Schedule 1A to the Act in relation to the identification of minors and incapable persons.
(2) Also, the authorised officer must inform the non‑citizen:
(a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and
(b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and
(c) that:
(i) 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
(ii) the non‑citizen has a right, under that Act, to seek:
(A) access to that information or those documents; and
(B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.
(3) For subclause 30(3) of Schedule 1A of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.