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StatuteMigration Act 1958

Section 261AI — Migration Act 1958: Independent person to be present

Text of the provision Official document

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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.