New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26ZL

26ZL Taking fingerprints, recordings, samples of handwriting or photographs

(1) In this section:
"identification material", in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person.

(2) 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.

Maximum penalty: Imprisonment for 2 years.

(3) A police officer who is of the rank of sergeant or higher may take identification material from the person, or cause identification material from the person to be taken, if:

(a) the person consents in writing, or

(b) 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 specified in the order.

(4) 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.

(5) Subject to this section, a police officer may only take identification material (other than hand prints, fingerprints, foot prints or toe prints) from a person who:

(a) is under 18 years of age, or

(b) is incapable of managing his or her affairs,

if the Supreme Court orders that the material be taken.

(6) The taking of identification material from a person who:

(a) is under 18 years of age, or

(b) is incapable of managing his or her affairs,

must be done in the presence of:

(c) a parent or guardian of the person, or

(d) if a parent or guardian of the person is not acceptable to the person-another appropriate person.

(7) 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:

(a) subsections (8) and (9) are satisfied, or

(b) subsection (8) or (9) is satisfied (but not both) and the Supreme Court orders that the material be taken.

(8) This subsection applies if the person agrees in writing to the taking of the material.

(9) This subsection applies if either:

(a) a parent or guardian of the person, or

(b) if a parent or guardian is not acceptable to the person-another appropriate person,

agrees in writing to the taking of the material.

(10) Despite this section, identification material may be taken from a person who:

(a) is at least 18 years of age, and

(b) is capable of managing his or her affairs,

if the person consents in writing.

(11) 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:

(a) is capable of representing the subject’s interests, and

(b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject, and

(c) is none of the following:

(i) a police officer,

(ii) an AFP member or AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth),

(iii) a member (however described) of a police force of another State or Territory,

(iv) an officer or employee of the Australian Security Intelligence Organisation.