Terrorism (Preventative Detention) Act 2006

In this section —

A police officer must not take identification material, or cause identification material to be taken, from the detainee except in accordance with this section.

A police officer may take, or cause the taking of, identification material (other than an identifying particular) from the detainee if —

the detainee consents in writing; or

the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the detainee’s identity as the person specified or identified in the PDO.

A police officer may cause a qualified person to take an identifying particular from the detainee if —

the detainee consents in writing; or

the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the detainee’s identity as the person specified or identified in the PDO.

Schedule 1 applies in relation to exercising the power in subsections (3) and (4).

Subject to this section, a police officer must not take, or cause the taking of, identification material from the detainee if the detainee —

is under 18 years of age; or

is incapable of managing his or her affairs,

Subsection (6) does not apply to taking —

a print of the detainee’s hands (including fingers), feet (including toes) or ears; or

a photograph of the detainee or of any of the detainee’s features.

In deciding whether to make an order under subsection (6), the Magistrate must have regard to —

the age, or any disability, of the detainee; and

such other matters as the Magistrate thinks fit.

If the detainee —

is under 18 years of age; or

is incapable of managing his or her affairs,

a parent or guardian of the detainee; or

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

Despite this section, identification material may be taken from the detainee even if he or she is under 18 years of age or is incapable of managing his or her affairs as long as —

subsections (12) and (13) apply; or

subsection (12) or (13) applies (but not both) and a Magistrate orders that the material be taken.

In deciding whether to make an order under subsection (10)(b), the Magistrate must have regard to the matters set out in subsection (8).

This subsection applies if the detainee agrees in writing to the taking of the identification material.

This subsection applies if either —

a parent or guardian of the detainee; or

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

A reference in this section to an appropriate person where the detainee 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 detainee’s interests;

as far as is practicable in the circumstances, is acceptable to the detainee and the police officer who is detaining the detainee; and

is none of the following —

a police officer;

a person employed in duties related to the administration of the police force;

a member (however described) of a police force of the Commonwealth, another State or a Territory;

an officer or employee of the Australian Security Intelligence Organisation.