# Use of force in carrying out identification tests

> act-s261AE — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261AE Use of force in carrying out identification tests

               When use of force is permitted
          (1) Subject to subsection (2) and section 261AF, an authorised officer,
              or a person authorised under section 261AG to help the authorised
              officer, may use reasonable force:
                (a) to enable the identification test to be carried out; or
               (b) to prevent the loss, destruction or contamination of any
                    personal identifier or any meaningful identifier derived from
                    the personal identifier.
              However, this section does not authorise the use of force against a
              minor or an incapable person, or if the personal identifier in
              question is a person’s signature.
          (2) The officer or person must not use force unless:
               (a) the non-citizen required to provide the personal identifier in
                   question has refused to allow the identification test to be
                   carried out; and
               (b) all reasonable measures to carry out the identification test
                   without the use of force have been exhausted; and
               (c) use of force in carrying out the identification test is
                   authorised under subsection (4).

               Applications for authorisation to use force
          (3) An authorised officer may apply to a senior authorising officer
              (who is not an officer referred to in subsection (1)) for an
              authorisation to use force in carrying out the identification test.

               Authorisation to use force
          (4) The senior authorising officer may authorise the use of force in
              carrying out the identification test if he or she is reasonably
              satisfied that:
                (a) the non-citizen required to provide the personal identifier in
                     question has refused to allow the identification test to be
                     carried out; and








                 (b) all reasonable measures to carry out the identification test
                     without the use of force have been exhausted.
          (5) An authorisation under subsection (4):
               (a) may be given by telephone, fax or other electronic means;
                   and
               (b) must be recorded in writing, and signed by the person giving
                   the authorisation, within one business day after it is given.
          (6) A failure to comply with paragraph (5)(b) does not affect the
              validity of an identification test carried out on the basis of that
              authorisation.
          (7) The power to give an authorisation under subsection (4) cannot be
              delegated to any other person.

               Definition
          (8) In this section:
               senior authorising officer means an officer whom the Secretary or
               Australian Border Force Commissioner has authorised, or who is
               included in a class of officers whom the Secretary or Australian
               Border Force Commissioner has authorised, to perform the
               functions of a senior authorising officer under this section.