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