# Retesting

> act-s261AK — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

261AK Retesting

               When retesting is permitted
          (1) If:
                (a) an authorised officer has carried out an identification test (the
                    earlier test) on a non-citizen in accordance with this Division
                    (including a test authorised under subsection (4)); and
                (b) either:
                      (i) a personal identifier that is provided as a result of the
                          earlier test being carried out is unusable; or
                     (ii) an authorised officer or an officer is not satisfied about
                          the integrity of that personal identifier;
              the officer who carried out the earlier test or another officer may
              require the non-citizen to provide the personal identifier again, and
              may carry out the test again in accordance with this Division, if:
                (c) the requirement is made while the earlier test is being carried
                    out or immediately after it was carried out; or
                (d) carrying out the test again is authorised under subsection (4).
          (2) If the non-citizen is required under subsection (1) to provide the
              personal identifier again, the non-citizen is taken, for the purposes
              of this Division, not to have provided the personal identifier as a
              result of the earlier test being carried out.

               Applications for authorisation to retest
          (3) An authorised officer may apply for an authorisation to carry out
              the test again. The application is to be made to:
                (a) if the earlier test was not a test authorised under
                    subsection (4)—a senior authorising officer (who is not an
                    officer referred to in subsection (1)); or
                (b) if the earlier test was a test authorised under subsection (4)
                    by a senior authorising officer—the Secretary, Australian
                    Border Force Commissioner or an SES Band 3 employee in
                    the Department (who is not an officer referred to in
                    subsection (1)).









               Authorisation to retest
          (4) The senior authorising officer, Secretary, Australian Border Force
              Commissioner or SES Band 3 employee (as the case requires) may
              authorise the test to be carried out again if:
                (a) he or she is reasonably satisfied that the personal identifier
                    that is provided as a result of the earlier test being carried out
                    is unusable; or
               (b) he or she is not reasonably satisfied about the integrity of that
                    personal identifier.
          (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.

               Use of force
          (8) An authorisation under subsection (4) does not authorise the use of
              force in carrying out an identification test.
               Note:      See section 261AE on the use of force in carrying out identification
                          tests.

               Effect of refusing to authorise retesting
          (9) If an application for an authorisation to carry out an identification
              test again on a non-citizen is refused, the non-citizen is taken, for
              the purposes of this Act, to have complied with any requirement
              under this Act to provide the personal identifier in question.










               Definitions
         (10) In this section:
               senior authorising officer means an officer (other than an SES
               Band 3 employee in the Department) 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.
               SES Band 3 employee means an SES employee with a
               classification of Senior Executive Band 3, and includes an SES
               employee who has been temporarily assigned duties that have been
               allocated a classification of Senior Executive Band 3.

Subdivision C—Obligations relating to video recordings of
          identification tests