Section 5BC — Migration Act 1958: Providing photographs and other images of faces to Minister and authorised officers
Text of the provision Official document
(1) Subsection (3) applies if: (a) the migration law requires a person to provide a photograph or other image of the person’s face to the Minister; and (b) for the purposes of that requirement: (i) the person provides to the Minister (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides. (2) Subsection (3) also applies if: (a) a provision of the migration law uses the expression “authorised officer”; and (b) the provision requires a person to provide a photograph or other image of the person’s face to an authorised officer; and (c) for the purposes of that requirement: (i) the person provides to an authorised officer (the recipient) a photograph or other image from which the Department can derive (such as by cropping) a photograph or other image of the person’s face; and (ii) the Department derives a photograph or other image of the person’s face (the derived image) from the photograph or other image that the person provides. (3) For the purposes of the migration law, the person is taken to provide the derived image to the recipient for the purposes of the requirement mentioned in paragraph (1)(a) or (2)(b). (4) When used in this section (other than in paragraph (2)(a) of this section), authorised officer has the same meaning as when used in the provision mentioned in paragraph (2)(a).
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →