Document ID: chunk:federal_register_of_legislation:C2024C00598:clause:1_30
Version: federal_register_of_legislation:C2024C00598
Segment Type: clause
Provision Reference: sch 1 cl 30
Character Range: 1489542–1490859

30  Information to be provided before carrying out identification tests
 (1) Before carrying out an identification test, the approved 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 subclause (1), the approved officer informs the non‑citizen of a matter if the approved 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 approved officer may comply with this clause 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.
 (4) A form mentioned in subclause (3) is not a legislative instrument.
Note: This clause corresponds closely to section 261AC of the Migration Act 1958.

Subdivision B—How identification tests are carried out