Destruction of records
464O Destruction of records
S. 464O inserted by No. 38/1988 s. 4, amended by Nos 25/1989 s. 11(e), 56/1989 s. 286(Sch. 2 items 7.11–7.13), 57/1989 s. 5(1)(f)(i)–(iii), substituted by No. 129/1993 s. 7.
In this section—
S. 464O(1) def. of destroy inserted by No. 35/2002 s. 4.
destroy, in relation to a fingerscan, means permanently de-identify information—
which identifies the person from whom the fingerscan was taken; or
from which the person's identity may be ascertained;
S. 464O(1) def. of early diversion group conference inserted by No. 32/2024 s. 1028(2).
early diversion group conference has the same meaning as in the Youth Justice Act 2024;
S. 464O(1) def. of early diversion outcome plan inserted by No. 32/2024 s. 1028(2).
early diversion outcome plan has the same meaning as in the Youth Justice Act 2024;
S. 464O(1) def. of fingerprints inserted by No. 35/2002 s. 4, amended by No. 41/2004 s. 6.
fingerprints includes fingerscan taken under section 464NA or any other provision of this Subdivision;
S. 464O(1) def. of relevant offence amended by No. 32/2024 s. 1028(1).
relevant offence means—
the offence in respect of which the fingerprints were taken; or
any other offence arising out of the same circumstances; or
any other offence in respect of which the fingerprints have probative value;
S. 464O(1) def. of youth caution inserted by No. 32/2024 s. 1028(2).
youth caution has the same meaning as in the Youth Justice Act 2024;
S. 464O(1) def. of youth warning inserted by No. 32/2024 s. 1028(2).
youth warning has the same meaning as in the Youth Justice Act 2024.
S. 464O(2) amended by No. 44/2022 s. 83(1).
If a person has been fingerprinted in accordance with this Subdivision and—
S. 464O(2)(aa) inserted by No. 32/2024 s. 1028(3).
the person has been given a youth warning or youth caution in respect of a relevant offence; or
S. 464O (2)(aab) inserted by No. 32/2024 s. 1028(3).
the person has been referred to an early diversion group conference in respect of a relevant offence and—
in the case of a person referred by a police officer, an early diversion outcome plan has been finalised for the person; or
in the case of a person referred by the Children's Court, the person has been discharged without any finding of guilt; or
the person has not been charged with a relevant offence at the end of the period of 6 months after the taking of the fingerprints; or
the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period—
the Chief Commissioner of Police must, subject to subsections (4) and (5A), destroy the fingerprints and any record, copy or photograph of them, or cause them to be destroyed at the time specified in subsection (3).
For the purposes of subsection (2), fingerprints taken in accordance with this Subdivision and any record, copy or photograph of them must be destroyed—
S. 464O(3)(aa) inserted by No. 32/2024 s. 1028(4).
where the person has been given a youth warning or youth caution, within one month after the giving of that youth warning or youth caution; or
S. 464O (3)(aab) inserted by No. 32/2024 s. 1028(4).
where the person has been referred to an early diversion group conference and—
an early diversion outcome plan has been finalised for the person, within one month after the Chief Commissioner of Police has been notified of the finalisation of that early diversion outcome plan; or
the person has been discharged without any finding of guilt, within one month after the Chief Commissioner of Police has been notified that the person has been discharged without any finding of guilt; or
S. 464O(3)(a) amended by Nos 44/2022 s. 83(2), 1/2026 s. 70(1).
where the person has not been so charged or the charge is not proceeded with, within one month after the period referred to in subsection (2)(a); or
S. 464O(3)(b) amended by No. 1/2026 s. 70(1).
where the person is not found guilty, within one month after the conclusion of the proceedings and the end of any appeal period.
S. 464O(3A) inserted by No. 44/2022 s. 83(3), amended by No. 1/2026 s. 70(2).
Despite subsection (3), if a person has been fingerprinted in accordance with this Subdivision on more than one occasion, those fingerprints and each record, copy or photograph of the fingerprints must be collectively destroyed within one month of the date on which the person satisfies the criteria under subsection (2) in relation to all of those fingerprints.
S. 464O(4) amended by No. 37/2014 s. 10(Sch. item 36.26).
A police officer may, within the period referred to in subsection (3)(a) or (b) and on one occasion only, apply without notice to any other person to the Magistrates' Court or the Children's Court (as the case requires) for an order extending the period by not more than 6 months within which the fingerprints and any record, copy or photograph of them must be destroyed.
S. 464O(4A) inserted by No. 32/2024 s. 1028(5).
To avoid doubt, the period referred to in subsection (3)(aa) or (aab) cannot be extended and subsection (4) does not apply in respect of that period.
If a court makes an order under subsection (4), it must cause a copy of the order to be served on the person from whom the fingerprints were taken.
S. 464O(5A) inserted by No. 44/2022 s. 83(4).
The Chief Commissioner of Police is not required to destroy or cause to be destroyed a person's fingerprints taken in accordance with this Subdivision or any record, copy or photograph of the fingerprints if—
the person has had their fingerprints taken in accordance with this Subdivision on another occasion and those other fingerprints are not required to be destroyed under this section; or
the person to whom the fingerprints belong has died.
If fingerprints or any record, copy or photograph of them are destroyed in accordance with this section, the Chief Commissioner of Police must give notice within 14 days of the destruction to the person from whom the fingerprints were taken.
S. 464O(7) amended by No. 69/1997 s. 22(14).
A person who—
fails to destroy; or
uses or makes, or causes or permits to be used or made—
any record, copy or photograph of fingerprints required by this section to be destroyed is guilty of a summary offence punishable on conviction by a level 10 fine (10 penalty units maximum).
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