Incapable persons
48 Incapable persons
Incapable persons
A non‑citizen who is an incapable person must not be required under this Act 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.
Persons present while identification test is carried out
If a non‑citizen who is an incapable person provides a personal identifier, in accordance with a requirement under this Act, by way of an identification test carried out by an authorised 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.
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