Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_261al
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 261AL
Character Range: 58756–60532

261AL  Minors

Minors less than 15 years old

 (1) A non‑citizen who is less than 15 years old 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.

Consent

 (2) A non‑citizen who is a minor must not be required under section 40, 46, 188 or 192 to provide a personal identifier by way of an identification test carried out by an authorised officer unless:
 (a) subject to subsection (3), a parent or guardian of the minor consents to the minor providing the personal identifier; or
 (b) if no parent or guardian of the minor is readily available, or the Minister is the minor's guardian—an independent person consents to the minor providing the personal identifier.

 (3) If the Minister is the minor's guardian, the Minister cannot consent to the minor providing the personal identifier.

 (4) Before obtaining the consent of a parent or guardian, or the independent person, an officer or authorised officer must inform the parent, guardian or independent person of the matters of which the minor must be informed under section 258B.

Persons present while identification test is carried out

 (5) If a non‑citizen who is a minor 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 minor; or
 (b) an independent person.

 (6) However, if the Minister is the minor's guardian, the test must be carried out in the presence of an independent person other than the Minister.