Section 190 — Migration Act 1958: Non-compliance with immigration clearance or requirement to provide personal identifier

(1) For the purposes of section 189, an officer suspects on reasonable grounds that a person in Australia is an unlawful non-citizen if, but not only if, the officer knows, or suspects on reasonable grounds, that the person: (a) was required to comply with section 166; and (b) did one or more of the following: (i) bypassed, attempted to bypass, or appeared to attempt to bypass, immigration clearance; (ii) went to a clearance authority but was not able to present, or otherwise did not present, evidence required by section 166 to be presented; (iii) if a non-citizen—went to a clearance authority but was not able to provide, or otherwise did not provide, information required by section 166 to be provided; (iv) if a non-citizen—went to a clearance officer but was not able to comply with, or did not otherwise comply with, any requirement referred to in section 166 to provide one or more personal identifiers to the clearance officer. (2) For the purposes of section 189, an officer suspects on reasonable grounds that a person in Australia is an unlawful non-citizen if, but not only if: (a) that person fails to provide a personal identifier, under section 257A, of a type or types prescribed; and (b) prescribed circumstances exist.