Terrorism (Preventative Detention) Act 2005

A police officer must not take identification material from a person who is being detained under a preventative detention order except in accordance with this section.

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 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 in relation to whom the order is made.

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

Subject to this section, a police officer must not take identification material (other than hand prints, fingerprints, footprints or toeprints) from the person if the person – is under 18 years of age; or is incapable of managing his or her affairs – unless a magistrate orders that the material be taken.

In deciding whether to make such an order, the magistrate must have regard to – the age, or any disability, of the person; and such other matters as it thinks fit.

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

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 (8) and (9) are satisfied; or subsection (8) or (9) is satisfied (but not both) and a magistrate orders that the material be taken.

For the purposes of subsection (7) this subsection is satisfied if the person agrees in writing to the taking of the material.

For the purposes of subsection (7) this subsection is satisfied if either – a parent or guardian of the person; or if a parent or guardian is not acceptable to the person, another appropriate person – agrees in writing to the taking of the material.

A reference in this section to an "appropriate person" in relation to a person (the "subject") who is under 18 years of age, or incapable of managing his or her affairs, 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 police officer; an AFP member or an AFP employee; a member (however described) of a police force of another State or of a Territory; an ASIO employee or an ASIO affiliate.