Section 261AD — Migration Act 1958: 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.