New South Wales Consolidated Acts

TERRORISM (POLICE POWERS) ACT 2002 - SECT 26ZM

26ZM Use of identification material

(1) This section applies if identification material is taken under section 26ZL from a person being detained under a preventative detention order.

(2) The material may be used only for the purpose of determining whether the person is the person specified in the order.

(3) A person who uses identification material in contravention of subsection (2) is guilty of an offence.

Maximum penalty: Imprisonment for 2 years.

(4) If:

(a) a period of 12 months elapses after the identification material is taken, and

(b) proceedings in respect of:

(i) the preventative detention order, or

(ii) the treatment of the person in connection with the person’s detention under the order,

have not been brought, or have been brought and discontinued or completed, within that period,

the Commissioner of Police is to ensure that the material is destroyed as soon as practicable after the end of that period.