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.
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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