Collection of Personal Identifiers Under Section 188 of the Migration Act 1958
01 March 2006 - Legislation change
Client summary
On 1 March 2006, the Migration Regulations 1994 ('the Regulations') were amended to qualify the prescribed circumstances in which an officer must require a person to provide personal identifiers under subsection 188(4) of the Migration Act 1958 ('the Act').
Under the amended regulations, an officer must require a person to provide personal identifiers if the officer knows or reasonably suspects that the person has previously failed to comply with a requirement to show evidence of being a lawful non-citizen or of identity, or, if the person has complied with such a request but the officer is not reasonably satisfied that the evidence provided is authentic or reliable.
The effect of these amendments is to require that an officer's state of mind must be one of reasonable suspicion or satisfaction, as relevant. This mental standard is considered to be more appropriate in the context of these provisions.
Technical details
The amendments relate to the following provisions of the Regulations:
- paragraph 3.19A(a) in Division 3.3 of Part 3 of the Regulations, to provide that the relevant officer's suspicion must be reasonable; and
- paragraph 3.19A(c) in Division 3.3 of Part 3 of the Regulations, to provide that the relevant officer's satisfaction must be reasonable.
Additional information: Nil
Transitional arrangements: The amendments apply in relation to a requirement under subsection 188(4) of the Act, made by an officer, on or after 1 March 2006.
Forms: Nil
Instructions: PAM3 Nil
Effect on delegations: Nil
Effect on systems: Nil