Section 30 — Environment Protection and Biodiversity Conservation Act 1999: Information to be provided before carrying out identification tests

(1) Before carrying out an identification test, the approved 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 subclause (1), the approved officer informs the non-citizen of a matter if the approved 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 approved officer may comply with this clause 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. (4) A form mentioned in subclause (3) is not a legislative instrument. Note: This clause corresponds closely to section 261AC of the Migration Act 1958.