Environment Protection and Biodiversity Conservation Act 1999

A non‑citizen who is less than 15 years old must not be required under this Schedule to provide a personal identifier other than a personal identifier consisting of:

a measurement of the non‑citizen’s height and weight; or

the non‑citizen’s photograph or other image of the non‑citizen’s face and shoulders.

If a non‑citizen who is a minor provides a personal identifier, in accordance with a requirement under this Schedule, by way of an identification test carried out by an approved officer, the test must be carried out in the presence of:

a parent or guardian of the minor; or

an independent person.

However, if the Minister administering the Immigration (Guardianship of Children) Act 1946 is the guardian of the minor, the test must be carried out in the presence of an independent person other than that Minister.

This clause corresponds closely to subsections 261AL(1), (5) and (6) of the Migration Act 1958.