17Requirements for valid request for FIS

17 Requirements for valid request for FIS

Requesting authorities (1) A request for an FIS must be made only: (a) by any of the following officers of a Commonwealth, State or Territory government authority that is a party to a participation agreement: (i) a law enforcement officer or intelligence officer (within the meaning of section 15K of the Crimes Act 1914); (ii) an officer (however described) of an agency authorised under a corresponding assumed identity law (within the meaning of section 15K of the Crimes Act 1914); (iii) an officer (however described) of an approved authority (within the meaning of the Witness Protection Act 1994) that is permitted to participate in the National Witness Protection Program under that Act, or a complementary witness protection law declared under section 3AA of that Act; and (b) if the officer is required to make the request for the purpose of protecting the identity of a shielded person or someone else associated with a shielded person. Person making request (2) The person making the request on behalf of the authority must be an officer who is approved as a suitable person to make the request (or requests of that kind) by: (a) the head (however described) of the authority; or (b) a person who: (i) is the holder of a management office or position in the authority; and (ii) is authorised, by notice in writing given to the Department, by that head to approve persons to make requests for FISs on behalf of the authority; and (iii) is senior to the person making the request.

Note: To comply with the participation agreement to which the authority is party, an officer approved to make the request must have been trained in facial recognition and image comparison: see paragraph 10(2)(b).

Request stating relevant activity (3) The request must: (a) include a single facial image of an individual (whether or not other face‑matching service information that relates to the individual is included); and (b) specify the kinds of government identification documents against which the face‑matching service information in the request is to be compared, partly by reference to whether the authority by or on behalf of which the documents are issued is: (i) an authority of the Commonwealth; or (ii) an authority of a specified State; or (iii) an authority of a specified Territory.

Note: Making a false or misleading statement in the request may be an offence against section 136.1 of the Criminal Code.

Endorsement of request (4) The request must be: (a) endorsed by the head (however described) of the authority, or a person who: (i) is the holder of a management office or position in the authority; and (ii) is authorised, by notice in writing given to the Department, by that head to endorse requests for FISs made on behalf of the authority; and (iii) is senior to the person making the request; and (b) made by electronic communication to the Face Matching Service Hub.