92Information to be provided before carrying out identification tests

92 Information to be provided before carrying out identification tests

(1) For the purposes of paragraph 30(1)(b) of Schedule 1A to the Act, the matters of 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) the circumstances in which a personal identifier may be disclosed to a third party; and (e) that a personal identifier may be produced in evidence in a court or tribunal in relation to the person; and (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; and (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 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under that Act, and to seek amendment of records containing personal information that is incomplete, incorrect, out of date or misleading; and (h) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.

Note: Division 3 of Part 5 of Schedule 1A to the Act deals with the identification of minors and incapable persons.

(2) For the purposes of subclause 30(3) of Schedule 1A to the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subsection (1), 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.