Document ID: chunk:federal_register_of_legislation:C2005A00103:clause:1a_31
Version: federal_register_of_legislation:C2005A00103
Segment Type: clause
Provision Reference: sch 1A cl 31
Character Range: 52506–53588

31  General rules for carrying out identification tests

  An identification test under this Division:
 (a) must be carried out in circumstances affording reasonable privacy to the non‑citizen; and
 (b) if the non‑citizen so requests and it is practicable to comply with the request—must not be carried out in the presence or view of a person who is of the opposite sex to the non‑citizen; and
 (c) must not be carried out in the presence or view of a person whose presence is not necessary for the purposes of the identification test or is not required or permitted by another provision of this Act; and
 (d) must not involve the removal of more clothing than is necessary for carrying out the test; and
 (e) must not involve more visual inspection than is necessary for carrying out the test; and
 (f) if the test is one of 2 or more identification tests to be carried out on the non‑citizen—must be carried out at the same time as the other identification tests, if it is practicable to do so.

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