Section 261AF — Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
CurrentPart 2—Arrival, presence and departure of persons · Division 13AA—Identification of immigration detainees · Subdivision B—How identification tests are carried out · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of Legislation- Provision
- Section 261AF
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 261AF — Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
261AF 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.

