Taking identification material
21ZQ Taking identification material
(1) A police officer must not take identification material from a person who is being detained under a preventative detention order other than under this section.
Maximum penalty: Imprisonment for 2 years.
(2) A police officer who is of or above the rank of sergeant may take identification material from the person, or cause identification material from the person to be taken, if:
the person consents in writing; or
(b) the officer believes on reasonable grounds it is necessary to do so for the purpose of confirming the person's identity as the person specified in the order; or
(c) the officer believes on reasonable grounds it is necessary to do so for documenting an illness or injury suffered by the person while being detained under the order.
(3) Subject to this section, a police officer may only take identification material (other than hand prints, fingerprints, footprints or toe prints) from a person who:
is under 18 years of age; or
is incapable of managing his or her affairs,
if a Local Court Judge orders that the material be taken.
The taking of identification material from a person who:
is under 18 years of age; or
is incapable of managing his or her affairs,
must be done in the presence of:
a parent or guardian of the person; or
(d) if a parent or guardian is not acceptable to the person – another appropriate person.
(5) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if:
subsections (6) and (7) are satisfied; or
(b) subsection (6) or (7) is satisfied (but not both) and a Local Court Judge orders that the material be taken.
(6) For subsection (5), this subsection is satisfied if the person agrees in writing to the taking of the material.
For subsection (5), this subsection is satisfied if either:
a parent or guardian of the person; or
(b) if a parent or guardian is not acceptable to the person – another appropriate person,
agrees in writing to the taking of the material.
(8) Despite this section, identification material may be taken from a person who:
is at least 18 years of age; and
is capable of managing his or her affairs,
if the person consents in writing.
In this section:
appropriate person, in relation to another person (the subject) who is under 18 years of age, or incapable of managing his or her affairs, means a person who:
is capable of representing the subject's interests; and
(b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject; and
is none of the following:
a police officer;
(ii) an AFP member or AFP employee within the meaning of the Australian Federal Police Act 1979 (Cth);
(iii) a member (however described) of a police force of another State or Territory;
(iv) an officer or employee of the Australian Security Intelligence Organisation.
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