Section 261AMMigration Act 1958 (Cth)

Incapable persons

Incapable persons

(1) A person who is an incapable person must not be required under Division 13AA of this Part to provide a personal identifier other than a personal identifier consisting of:

(a) a measurement of the person’s height and weight; or

(b) the person’s photograph or other image of the person’s face.

Persons present while identification test is carried out

(4) If a person who is an incapable person provides a personal identifier, in accordance with a requirement under Division 13AA of this Part, by way of an identification test carried out by an authorised officer, the test must be carried out in the presence of:

(a) a parent or guardian of the incapable person; or

(b) an independent person.

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.

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