Section 261AI — Independent person to be present

261AI Independent person to be present The identification test must be carried out in the presence of an independent person if:

(a) force is used in carrying out the identification test; or

(b) both of the following apply:

(i) the non-citizen requests that an independent person be present while the identification test is being carried out;

(ii) an independent person is readily available at the same place as the non-citizen and is willing to attend the test within a reasonable time.