Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:2_48
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 2 cl 48
Character Range: 150254–151203

48  Incapable persons

Incapable persons

 (1) 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) a measurement of the non‑citizen's height and weight; or
 (b) the non‑citizen's photograph or other image of the non‑citizen's face and shoulders.

Persons present while identification test is carried out

 (2) 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) a parent or guardian of the incapable person; or
 (b) an independent person.

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

Division 4—Obligations relating to detainees' identifying information

Subdivision A—Preliminary