# Incapable persons

> act-s261AM — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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