# Information to be provided before carrying out identification tests

> act-s261AC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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