Terrorism (Preventative Detention) Act 2005

A police officer must not take identifying particulars from a person who is being detained under a preventative detention order other than under this section.

A police officer who is of the rank of sergeant or higher may take identifying particulars from the person, or cause identifying particulars to be taken from the person, if—

the person consents in writing; or

the police officer believes on reasonable grounds that it is necessary to do so for the purpose of—

confirming the person’s identity as the person stated in, or described by, the order; or

if the person is the person described by the order—finding out the person’s identity.

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

Subject to this section, a police officer must not take identifying particulars, other than palm prints, fingerprints, or footprints, from the person if the person—

is a child; or

is of impaired capacity;

In deciding whether to make an order, the magistrate must have regard to—

the age, or any impaired capacity, of the person; and

any other matters the magistrate considers appropriate.

The taking of identifying particulars from a person who—

is a child; or

is of impaired capacity;

a parent or guardian of the person; or

if a parent or guardian of the person is not acceptable to the person—another appropriate person.

Despite this section, identifying particulars may be taken from a person who is a child and is capable of managing the person’s affairs if—

subsections (9) and (10) are satisfied; or

subsection (9) or (10) is satisfied, but not both, and a magistrate orders that the particulars be taken.

In deciding whether to make an order, the magistrate must have regard to the matters stated in subsection (5).

This subsection applies if the person agrees in writing to the taking of the particulars.

This subsection applies if either—

a parent or guardian of the person; or

if a parent or guardian is not acceptable to the person—another appropriate person;

Despite this section, identifying particulars may be taken from a person who—

is an adult; and

is capable of managing the person’s affairs;

A reference in this section to an appropriate person in relation to a person (the subject) who is a child, or of impaired capacity, is a reference to a person who—

is capable of representing the subject’s interests; and

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 member of the police service;

an AFP member or AFP employee;

a member, however described, of a police force of another State;

an officer or employee of ASIO.