CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 79 Right to privacy when being photographed
CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 79
Right to privacy when being photographed(1) A photograph taken under section 78 or section 78A must be taken—
(a) in a place where no members of the public are present; and
(b) by a person of the same sex as the registrable offender.
(2) A police officer cannot require an offender who is to be photographed under section 78 or section 78A to expose for that purpose—
(a) the offender's genitals; or
(b) the anal area of the offender's buttocks; or
(c) if the offender is female, or a transgender or intersex person who identifies as female—the offender's breasts.
(3) A police officer present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender.
(4) If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section.
(5) If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.