# Independent person to be present

> act-s261AI — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.