(1) 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.
(2) A police officer who is of or above the rank of sergeant 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
in relation to whom the order is made.
(3) 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.
(4) Subject to this section, a police officer must not take
identification material (other than hand prints, fingerprints, footprints or
toeprints) from the person if the person –
(a) is under 18 years of age; or
(b) is incapable of managing his or her affairs –
unless a
magistrate orders that the material be taken.
(5) In deciding whether to make such an order, the magistrate must have
regard to –
(a) the age, or any disability, of the person; and
(b) such other matters as it thinks fit.
(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 a magistrate
orders that the material be taken.
(8) For the purposes of subsection (7) this subsection is satisfied
if the person agrees in writing to the taking of the material.
(9) For the purposes of subsection (7) this subsection is satisfied
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) 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 an AFP employee;
(iii) a member (however described) of a police force of another State or of a
Territory;
