# Persons entering to present certain evidence of identity etc.

> act-s166 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

166 Persons entering to present certain evidence of identity etc.

               Requirement to be immigration cleared
          (1) A person, whether a citizen or a non-citizen, who enters Australia
              must, without unreasonable delay:
               (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 of a visa that is in effect and is held by the
                           person; 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 before an event referred to in
                     subparagraph 172(1)(a)(iii) or (b)(iii) or paragraph 172(1)(c)
                     occurs, 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.
               Note:      A person might be taken to have complied with this section under
                          subsection 167(3) or (4) or might not be required to comply under
                          section 168 or 169.

               Who may use an authorised system
          (2) 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 an event referred to in
                          subparagraph 172(1)(a)(iii) or (b)(iii) or
                          paragraph 172(1)(c) occurs, a clearance officer does not
                          require the person to present or provide evidence,
                          information or personal identifiers referred to in
                          subsection (1) of this section (other than a passenger
                          card) to a clearance officer; or
                     (ii) if subparagraph (i) of this paragraph applies—a
                          clearance officer determines that the person has
                          complied with subsection (1) of this section.










               Complying with paragraphs (1)(a) and (b)
          (3) Subject to section 167, a person is to comply with
              paragraphs (1)(a) and (b) of this section in a prescribed way.
          (4) A person is taken to have complied with subparagraph (1)(a)(i) if a
              clearance officer knows or reasonably believes that the person is an
              Australian citizen.