Section 261AC — Information to be provided before carrying out identification tests

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