Introduction of Seamless Traveller Contactless Border Clearance Regulations

Policy effect

Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.

Conditions and exceptions

Validated condition or limit: Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L01538 registered 05/11/2018 Schedule 1 Amendments 2 Migration Amendment (Seamless Traveller) Regulations 2018 OPC63311 - A Schedule 1—Amendments Migration Regulations 1994 1 Before subregulation 3.03(1) Insert: (1A) For the purposes of subparagraph 166(1)(a)(i) of the Act, an image of a person’s face and shoulders is prescribed as other evidence of the person’s identity and Australian citizenship. 2 Subregulation 3.03(1) (note) Repeal … the note. 3 Before subregulation 3.03(2) Insert: (2A) For the purposes of subsection 166(3) of the Act, a person who seeks to comply with subparagraph 166(1)(a)(i) of the Act by presenting an image of the person’s face and shoulders must do so by presenting themselves to an authorised system. 4 Paragraph 3.03(3)(a) Repeal the paragraph, substitute: (a) if the non-citizen is taken to hold a special purpose visa—provide a completed passenger card to a clearance officer if required by Part 1 of Schedule 9 and present: (i) the non-citizen’s passport to an authorised system; or (ii) an image of the … non-citizen’s face and shoulders by presenting themselves to an authorised system; or (iii) evidence of the non-citizen’s identity, as specified in that Part, to a clearance officer; and 5 Subparagraph 3.03(3)(b)(i) After “present”, insert “an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system or present”. 6 Subparagraphs 3.03(3)(d)(i), (e)(i), (ea)(i), (f)(i), (fa)(i) and (g)(i) Omit “present evidence of the person’s”, substitute “present an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system or present evidence of the non-citizen’s”. 7 Subregulation 3.03(4) Repeal the subregulation, substitute: (4) For the purposes of subsection 166(3) of the Act, a non-citizen who is required to comply with section 166 of the Act (other than a non-citizen mentioned in subregulation (3)) must: (a) present: (i) an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system; orAuthorised Version F2018L01538 registered 05/11/2018 Amendments Schedule 1 Migration Amendment (Seamless Traveller) Regulations 2018 3 OPC63311 - A (ii) the non-citizen’s passport to a clearance authority; and (b) if the non-citizen’s visa is evidenced by a label and a clearance officer asks for the label to be shown—present the label to a clearance officer; and (c) provide a completed passenger card to a clearance officer. (5) In this regulation: authorised system means an automated system that is an authorised system for the purposes of section 166 of the Act. 8 Subregulation 3.09(1) Insert: authorised system means an automated system that is an authorised system for the purposes of section 170 of the Act. 9 Subregulations 3.09(2) to (3) Repeal the subregulations, substitute: (2) For the purposes of paragraph 170(1)(a) of the Act, each of the following is prescribed as evidence of a person’s identity: (a) an image of the person’s face and shoulders; (b) a passport issued to the person that is in force and bears a photograph and the full name of the person; (c) a licence to drive a motor vehicle issued to the person under a law of the Commonwealth, or a State or Territory, that is in force and bears a photograph and the full name of the person; (d) a document issued to the person by: (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth, State or Territory authority … Act by presenting an image of the person’s face and shoulders must do so by presenting themselves to an authorised system. 10 At the end of regulation 5.15A Add: (4) For the purposes of paragraph 32(2)(c) of the Act, a declared class of persons for whom a visa of another class would be inappropriate is New Zealand citizens: (a) who hold a New Zealand passport that: (i) is in force; and (ii) is of a kind determined under section 175A of the Act to be an eligible passport for the purposes of Division 5 of Part 2 of the Act; andAuthorised Version F2018L01538 registered 05/11/2018 Schedule 1 Amendments 4 Migration Amendment (Seamless Traveller) Regulations 2018 OPC63311 - A (b) who have presented an image of their face and shoulders by presenting themselves to an authorised system and who, as a result, have been satisfactorily identified; and (c) who are neither behaviour concern non-citizens nor health concern non-citizens. (5) In this regulation: authorised system means an automated system that is an authorised system for the purposes of section 32 of the Act. 11 Paragraph 1219(3)(b) of Schedule 1 Repeal the paragraph, substitute: (b) The applicant must present to an officer or a clearance authority a New Zealand passport held by the applicant that is in force unless: (i) the application is made using an authorised system; and (ii) the applicant holds a New Zealand passport that is in force; and (iii) for the purposes of being immigration cleared, the applicant presents an image of the applicant’s face and shoulders by presenting themselves to an authorised system and, as a result, the applicant is satisfactorily identified. 12 At the end of item 1219 of Schedule 1 Add: (5) In this item: authorised system means an automated system that is an authorised system for the purposes …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2018

• 2018-03-18(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.
• 2018-03-18ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,
• 2018-07-01Establishment of the Pacific Labour Scheme Stream in Subclass 403 Visa
• 2018-07-01Increase of Points-Tested General Skilled Migration Pass Mark to 65 Points
• 2018-08-12Implementation of Skilling Australians Fund (SAF) Nomination Training Contribution Charge
• 2018-11-17Establishment of Permanent Residence Pathway for Long-Term Temporary Retirees