COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 41

COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 - SECT 41

41 .         Reasonable force may be used to obtain fingerprints and photographs

        (1)         Before attempting to exercise a power under section 39 or 40(1), the authorised person must inform the reportable 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 section 39, why the authorised person is not satisfied as to the identity of the reportable offender; and

            (b)         that reasonable force may be used if the reportable offender does not voluntarily give his or her fingerprints or expose part of his or her body (as the case may be); and

            (c)         that the fingerprints or photographs will be retained by the Commissioner.

        (2)         If the reportable offender does not voluntarily cooperate and the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request to use reasonable force or by a police officer of or above the rank of sergeant, a police officer or a person authorised by him or her may use reasonable force —

            (a)         to take the fingerprints of the reportable offender; or

            (b)         to expose a part of the body of the reportable offender that an authorised person is authorised under section 40(1) to require the reportable offender to expose to enable that part of the body to be photographed.

        (3)         If reasonable force is to be used under section 39 or 40(1), a person of the same sex as the reportable offender must, if practicable, be the person who uses the reasonable force.

        [Section 41 amended: No. 54 of 2012 s. 18.]