EXPLANATORY STATEMENT
Issued by the Minister for Immigration and Border Protection
Migration Amendment (Strengthening Biometrics Integrity) Act 2015
Migration Amendment (Strengthening Biometrics Integrity) Commencement Proclamation 2015
Item 2 of the table in subsection 2(1) of the Migration Amendment (Strengthening Biometrics Integrity) Act 2015 (the Biometrics Act) provides that Schedule 1 to the Biometrics Act is to commence on a single day fixed by Proclamation; however, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.
The Biometrics Act received the Royal Assent on 26 August 2015.
The purpose of the Proclamation is to fix 16 February 2016 as the day on which Schedule 1 to the Biometrics Act will commence.
The Biometrics Act amends the Migration Act 1958 (the Migration Act) to implement a number of reforms which will consolidate and simplify the provisions relating to the collection of personal identifiers, and will address gaps and shortcomings that exist in the current legislative framework.
Schedule 1 to the Biometrics Act amends the Migration Act to:
- streamline seven existing personal identifier collection powers into a broad, discretionary power to collect one or more personal identifiers from non-citizens, and citizens at the border, for the purposes of the Migration Act and the Migration Regulations 1994 (the Migration Regulations);
- provide flexibility on the types of personal identifiers (as defined in the existing legislation) that may be required, the circumstances in which they may be collected, and the places where they may be collected;
- enable personal identifiers to be provided either by way of an identification test, or by another way specified by the Minister or officer (such as a live scan of fingerprints on a handheld device);
- enable personal identifiers to be required by the Minister or an officer, either orally, in writing, or through an automated system, and allow for existing deemed receipt provisions in the Migration Act to apply in relation to requests in writing;
- enable personal identifiers to be collected from minors and incapable persons for the purposes of the Migration Act and Migration Regulations under the new broad power without the need to obtain the consent, or require the presence of a parent, guardian or independent person during the collection of personal identifiers; and
- omit provisions which are unused and no longer necessary.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.