Crimes Act 1900

A police officer may take identification material from a person who is at least 18 years old, not in police custody for an offence, and not in an impaired state, only if the person consents in writing.

A police officer may take identification material from a person who is at least 18 years old, not in police custody for an offence, and in an impaired state, only if—

a magistrate orders that the material be taken from the person; and

the material is taken—

with a parent or guardian, or the domestic partner, of the person present if—

it is practicable for a parent or guardian, or the domestic partner, of the person to be present; and

the person does not object to the parent, guardian or domestic partner being present; or

if it is not practicable for, or the person objects to, the parent, guardian or domestic partner of the person being present when the material is taken—with another person present (other than a police officer) who is capable of representing the interests of the person and who, as far as practicable in the circumstances, is acceptable to the person.

A police officer may take identification material from a person who is at least 18 years old and in police custody for an offence only if—

the officer is an officer of or above the rank of sergeant, or is the officer in charge of a police station at which the person is in custody; and

any of the following apply:

if the person is not in an impaired state—the person consents, in writing, to the material being taken;

the material is limited to a print of the person’s fingers or a photograph of the person (or both);

either—

the officer believes on reasonable grounds that taking the material is necessary to identify the person, or identify the person as having committed the offence for which the person is in police custody; or

the officer suspects on reasonable grounds that the person has committed another offence and that the material is likely to identify the person as having committed the other offence.

Words in the singular number include the plural (see Legislation Act, s 145 (b)).

A police officer (the applicant) may apply to a magistrate for an order allowing identification material to be taken from a person under subsection (2) if either of the following apply (the grounds for the application):

the applicant believes on reasonable grounds that taking the material is necessary to identify the person;

the applicant suspects on reasonable grounds that taking the material is necessary to identify the person as having committed a stated offence.

The application must be made—

in person; or

if it is not practicable for the applicant to make the application in person—by telephone, fax, email or any other means of communication.

The application must—

be in writing; and

be sworn on oath; and

Oath includes affirmation and swear an oath includes make an affirmation (see Legislation Act, dict, pt 1).

state—

the name, age and home address of the person from whom identification material would be taken (if known); and

the material that would be taken; and

the facts in support of the application; and

the grounds for the application; and

the nature of the person’s impairment; and

any other information requested by the magistrate; and

include any other information prescribed by regulation.

A magistrate must not make an order allowing identification material to be taken from a person under this section unless the magistrate is satisfied that the information is reasonably necessary to identify the person, or identify the person as having committed the stated offence.

A police officer may use force that is necessary and reasonable in the circumstances to take identification material from a person under this section.

If a police officer is required to use force to take identification material from a person under this section (the forceful taking), the police officer must ensure that the forceful taking is recorded by a video recording.