Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 261AD

    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.