Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_258b
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 258B
Character Range: 34409–35779

258B  Information to be provided—authorised officers carrying out identification tests

 (1) Before carrying out an identification test on a non‑citizen for the purposes of section 40, 46, 166, 170, 175, 188 or 192, the authorised officer must:
 (a) if the non‑citizen:
 (i) is a person whom an officer, in the course of exercising or considering the exercising of his or her powers under section 188, knows or reasonably suspects is a non‑citizen; or
 (ii) is detained for questioning detention (see section 192);
  inform the non‑citizen that the non‑citizen may request that an authorisation be obtained under section 192A; and
 (b) in any case—inform the non‑citizen of such other matters as are prescribed.

 (2) For the purposes of subsection (1), the authorised officer informs the non‑citizen of a matter if the authorised officer informs the non‑citizen of the matter, through an interpreter if necessary, in a language (including sign language or braille) in which the non‑citizen is able to communicate with reasonable fluency.

 (3) The authorised officer may comply with this section by giving to the non‑citizen, in accordance with the regulations, a form setting out the information specified in the regulations. However, the information must be in a language (including braille) in which the non‑citizen is able to communicate with reasonable fluency.