Section 261A — Collecting personal identifiers
Text of provision
(1) The following things are forfeited to the Commonwealth:
(a) a vessel used or involved in a contravention of this Act (where the contravention occurred in Australia), if the contravention involved:
(i) the bringing or coming to Australia of one or more persons who were, or upon entry into Australia became, unlawful non-citizens; or
(ii) the entry or proposed entry into Australia of one or more such persons;
(b) a vehicle or equipment:
(i) on a vessel described in paragraph (a) at the time of the contravention mentioned in that paragraph; or
(ii) used or involved in the contravention referred to in that paragraph.
(2) Despite subsection (1), a vessel that:
(a) was used or involved in a contravention of this Act of a kind referred to in that subsection; and
(b) at the time of the contravention, was being used in the course of a regular public transport operation; is not forfeited to the Commonwealth if both the master and the owner of the vessel:
(c) did not know; and
(d) could not reasonably be expected to have known; that it was used or involved in the contravention.
(3) In this section: regular public transport operation, in relation to a vessel, means an operation of the vessel for the purpose of a service that:
(a) is provided for a fee payable by persons using the service; and
(b) is conducted in accordance with fixed schedules to or from fixed terminals over specific routes; and
(c) is available to the general public on a regular basis.
Plain English
Section 261A provides that an officer may require a non-citizen who is not an Australian citizen to provide personal identifiers — including fingerprints, facial images, iris scans, and signatures — in specified circumstances. These circumstances include: when the person is being immigration cleared at the border; when they are in immigration detention; when they are applying for a protection visa; or when they are being considered for removal. The requirement is backed by offence provisions for non-compliance.
Practical effect
Biometric data collection at the Australian border is now routine. The personal identifiers collected under s 261A are stored in the Department's Biometrics Storage System and may be used for identity verification, enforcement operations, and information sharing with other agencies (including AFP and foreign counterparts under designated arrangements). Non-citizens who refuse to provide required identifiers may be detained or have visa applications refused. The collection framework must comply with the Privacy Act 1988 and the Department's privacy policy.