Section 261AD — General rules for carrying out identification tests
CurrentPart 2—Arrival, presence and departure of persons · Division 13AA—Identification of immigration detainees · Subdivision B—How identification tests are carried out · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of Legislation- Provision
- Section 261AD
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 261AD — General rules for carrying out identification tests
261AD 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.

