Sch 1 (Provisions relating to), s 36
CurrentIndependent person to be present
Volume 3Chapter 6, Part 16 to Chapter 8, Part 23 (sections 391 to 528), Schedules, Endnotes
Schedule 1Provisions relating to detention of suspected foreign offenders
Part 5Identifying detainees
Division 2Identification of detainees
Subdivision BHow identification tests are carried out
36 Independent person to be present
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.
Note:
This clause corresponds closely to section 261AI of the Migration Act 1958.
This Act’s bill:Explanatory memorandumSecond reading speech
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