Commonwealth Consolidated Acts Commonwealth Consolidated ActsThe 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.