Section 261AF — Migration Act 1958 (Cth)

Identification tests not to be carried out in cruel, inhuman or degrading manner etc.

For the purposes of this Act, the carrying out of the identification test is not of itself taken:

(a) to be cruel, inhuman or degrading; or

(b) to be a failure to treat a person with humanity and with respect for human dignity.

However, nothing in this Act authorises the carrying out of the identification test in a cruel, inhuman or degrading manner, or in a manner that fails to treat a person with humanity and with respect for human dignity.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 261AC — Information to be provided before carrying out identification tests
s 261AD — General rules for carrying out identification tests
s 261AE — Use of force in carrying out identification tests
s 261AG — Authorised officer may get help to carry out identification tests
s 261AH — Identification tests to be carried out by authorised officer of same sex as non‑citizen
s 261AI — Independent person to be present

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