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.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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