Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_36
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 563749–564326

36  Independent person to be present

  The identification test must be carried out in the presence of an independent person if:
 (a) force is used in carrying out the identification test; or
 (b) both of the following apply:
 (i) the non‑citizen requests that an independent person be present while the identification test is being carried out;
 (ii) an independent person is readily available at the same place as the non‑citizen and is willing to attend the test within a reasonable time.

Note: This clause corresponds closely to section 261AI of the Migration Act 1958.