Environment Protection and Biodiversity Conservation Act 1999

A non‑citizen who is an incapable person 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 an incapable person 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 incapable person; or

an independent person.

This clause corresponds closely to subsections 261AM(1) and (4) of the Migration Act 1958.