Identity cards are important for anyone working in Australian immigration procedures. ID cards prove that a person is who he/she claims to be. An ID card system is a powerful and easy solution for any verification purposes since it can:
- Offer a swift and reliable method for verifying identities in various situations
- Minimise the risk of errors in verification procedures
- Provide information to an authorised person in case they need to monitor or track down someone
- Effortlessly add, remove, or update access privileges with minimal effort
The importance of ID cards also extends to immigration procedures since Australia values its security for unauthorised people who enter the country. This not only extends to people who enter Australia but also to people who conduct such procedures. Let’s read this article on the importance of identity cards under Section 487ZG of the Migration Act.
Section 487ZG: Identity Cards
Section 487ZG of the Migration Act deals with ID cards for authorised officers. The term authorised officers are either people who have:
- Individual authorisation: These are people who receives written authorisation from the MInister, Secretary, or Australian Border Force Commissioner
- Class authorisation: These are people who belong to a group who receives written authorisation from the MInister, Secretary, or Australian Border Force Commissioner
Authorised officers must have their ID cards at all times while exercising their powers in immigration procedures. These Identity cards must:
- Follow a format that the issuing authority approves
- Include a recent photograph of the authorised officer
Upon leaving the position of an authorised officer, the individual must return the ID card to the issuing authority as soon as possible. Failure to do so is considered an offence. If the authorised officer does not return the ID, it is considered a strict liability offence. This means the person is liable regardless of intent (unless lost or destroyed). The burden of proof for a lost or destroyed card falls on the defendant.
Technology Integration and Enhanced Immigration Procedures
The second bullet point regarding identity cards in Australian immigration procedures can be expanded upon by looking at how technology integration with ID cards can help with:
1. Faster Identity Verification: During interviews or document checks, officers can use ID cards with chips or barcodes. These can be scanned and instantly retrieve pre-verified identity information from secure databases. Much faster than manual verification and less chance of errors.
2. Border Security: At airports and seaports, ID cards with biometric data like fingerprints or iris scans can be integrated with electronic gates or scanners. Faster and more secure passenger processing. Officers can verify the traveller’s identity quickly and efficiently, and identify people on watch lists or with outstanding warrants.
3. Access Control within Facilities: Within immigration offices or detention centres, ID cards can be programmed to grant access to specific areas based on an individual’s role and security clearance. This limits access to sensitive information or restricted zones and improves overall security and data protection.
4. Tracking and Monitoring: ID cards with tracking chips (optional and privacy compliant) could be used to track officers within facilities or during field operations. Good for officer safety, accountability and resource allocation.
Section 268CZA: Additional Section About Identity Cards
Section 268ZCA states that the Secretary or Australian Border Force Commissioner approves identity cards for authorised officers. All authorised officers who possess these cards must have a recent photo of them. So, when does an authorised officer commit an offence under this section? They commit an offence if they:
- Hold identity cards for the purposes of this Subdivision
- Cease to be an authorised officer
- Fail to return to the secretary or commissioner as soon as possible
These are strict liability offences and the penalty can start from 1 penalty unit. A person won’t commit this offence if the card was lost or destroyed and they have the liability to prove this. All officers must carry their identity cards at all times when using their authority or powers.
Identity Cards: Acknowledging Former Officers
An article from 2016 stated that the New South Wales Police Officer planned to issue identity cards to retired police officers. While this seems contrary to the laws stated above, this action acknowledges an officer’s past service and restores a sense of identity. Indeed, some see this as a positive initiative, while others, like the NSW Council for Civil Liberties, express concerns about potential misuse and the creation of a perceived authority.
Acting Inspector Bousfield dismissed these concerns, asserting that the card is purely symbolic. He said that this does not confer any special privileges or benefits. Additionally, he emphasised the sentimental value of the card, stating, “It really is something that’s precious to the owner.”
How Can We Help?
We must not rule out the possibility of officers misusing their powers for malicious or heinous intent. They may still abuse their powers and bully citizens into submitting to their requests and such. That is why we have JB Solicitors to protect your rights and interests when such officers misuse their powers.
Contact our criminal lawyers today if you need legal help.