Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_261ac
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 261AC
Character Range: 41213–42393

261AC  Information to be provided before carrying out identification tests

 (1) Before carrying out an identification test, the authorised officer must:
 (a) inform the non‑citizen that the non‑citizen may ask that an independent person be present while the identification test is carried out and that the test be carried out by a person of the same sex as the non‑citizen; and
 (b) inform the non‑citizen of such other matters as are specified in the regulations.

 (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.

Subdivision B—How identification tests are carried out