Victorian Consolidated Legislation

Sex Offenders Registration Act 2004 - SECT 28

Reasonable force may be used to obtain fingerprints

28. Reasonable force may be used to obtain fingerprints



(1) Before attempting to exercise a power under section 27 or 27A, the member
of the police force must inform the registrable offender in language likely to
be understood by him or her-

   (a)  of the purpose for which the power is to be exercised and, in the case
        of a power under section 27, why the member is not satisfied as to the
        registrable offender's identity; and

   (b)  that if the registrable offender refuses to give his or her
        fingerprints, or to submit to a fingerscan or to expose part of his or
        her body (as the case requires), voluntarily, reasonable force may be
        used; and

   (c)  that the fingerprints, fingerscan or photographs will be retained by
        the Chief Commissioner of Police.

(2) A member of the police force, or a person authorised by him or her, may
use reasonable force to take the fingerprints or a fingerscan of a registrable
offender or to expose a part of the body of a registrable offender that the
member of the police force is authorised under section 27A to ask the
registrable offender to expose to enable the taking of photographs of that
part of the body if-

   (a)  the registrable offender refuses to co-operate voluntarily; and

   (b)  the use of reasonable force is authorised by a member of the police
        force in charge of a police station at the time of the request or a
        member of or above the rank of sergeant.

(3) If reasonable force is to be used under section 27 or 27A, a person of the
same sex as the registrable offender must, if practicable, be the person who
uses the reasonable force.