Section 261AM — Incapable persons
CurrentPart 2—Arrival, presence and departure of persons · Division 13AB—Identification of minors and incapable persons · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
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- Provision
- Section 261AM
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 261AM — Incapable persons
261AM 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.
Division 13A—Automatic forfeiture of things used in certain offences Subdivision A—Automatic forfeiture

