Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 261AM

Incapable persons

             (1)  A non-citizen who is an incapable person must not be required under this Act to provide a personal identifier other than a personal identifier consisting of:

                     (a)  a measurement of the non-citizen's height and weight; or

                     (b)  the non-citizen's photograph or other image of the non-citizen's face and shoulders.

Consent

             (2)  A non-citizen (other than a minor) who is an incapable person must not be required under section 40, 46, 188 or 192 to provide a personal identifier by way of an identification test carried out by an authorised officer unless:

                     (a)  a parent or guardian of the incapable person consents to the incapable person providing the personal identifier; or

                     (b)  if no parent or guardian of the incapable person is readily available--an independent person consents to the incapable person providing the personal identifier.

             (3)  Before obtaining the consent of a parent or guardian, or the independent person, an officer or authorised officer must inform the parent, guardian or independent person of the matters of which the incapable person must be informed under section 258B.

Persons present while identification test is carried out

             (4)  If a non-citizen who is an incapable person provides a personal identifier, in accordance with a requirement under this Act, 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.