Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 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.



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