Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 261AC

  (1)   Before carrying out an identification test, the authorised 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 subsection   (1), the authorised officer informs the non - citizen of a matter if the authorised 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 authorised officer may comply with this section 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.