Section 175 — Migration Act 1958: Departing person to present certain evidence etc.

Departing persons may be required to present evidence etc. (1) A clearance officer may require a person who is on board, or about to board, a vessel that is due to depart from a place in Australia to a place outside Australia (whether or not after calling at other places in Australia) to: (a) present the following evidence (which might include a personal identifier) to a clearance authority: (i) if the person is a citizen (whether or not the person is also the national of a country other than Australia)—the person’s Australian passport or prescribed other evidence of the person’s identity and Australian citizenship; (ii) if the person is a non-citizen—evidence of the person’s identity and permission to remain in Australia; and (b) provide to a clearance authority any information (including the person’s signature, but not any other personal identifier) required by this Act or the regulations; and (c) comply with any requirement made by a clearance officer under section 257A to provide one or more personal identifiers to a clearance authority; and (d) if under paragraph (a) the person presents evidence to an authorised system—provide to the authorised system a photograph or other image of the person’s face. (2) A person is to comply with paragraphs (1)(a) and (b) in a prescribed way. Who may use an authorised system (2AA) A person may comply with a requirement referred to in subsection (1) to present or provide evidence, information or personal identifiers to an authorised system only if: (a) the person holds an eligible passport; and (c) either: (i) before the vessel leaves Australia, a clearance officer does not require the person to present or provide evidence, information or personal identifiers referred to in subsection (1) (other than a passenger card) to a clearance officer; or (ii) if subparagraph (i) applies—a clearance officer determines that the person has complied with the requirement referred to in subsection (1).