Document ID: chunk:federal_register_of_legislation:C2004A01237:clause:1_258e
Version: federal_register_of_legislation:C2004A01237
Segment Type: clause
Provision Reference: sch 1 cl 258E
Character Range: 36806–37686

258E  General rules for carrying out identification tests

  An identification test that an authorised officer carries out under section 40, 46, 166, 170, 175, 188 or 192:
 (a) must be carried out in circumstances affording reasonable privacy to the non‑citizen; and
 (b) 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 required or permitted by another provision of this Act; and
 (c) must not involve the removal of more clothing than is necessary for carrying out the test; and
 (d) must not involve more visual inspection than is necessary for carrying out the test; and
 (e) unless the authorised officer has reasonable grounds to believe that the non‑citizen is not a minor or an incapable person—must be carried out in accordance with the additional requirements of Division 13AB.