SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 48
SECURITY AND RELATED ACTIVITIES (CONTROL) ACT 1996 - SECT 48
48 . Taking of fingerprints and palm prints
(1) Subject to
subsection (1a), a licensing officer may in writing require any of the
following persons to attend at a place and there have his or her fingerprints
and palm prints taken by a member of the police force or an officer of the
Department —
(a) a
person who has applied for a licence; or
(b) a
person who has applied for —
(i)
the renewal of a licence; or
(ii)
a permit under section 25; or
(iii)
an endorsement under section 24 or 26,
if the person has not
previously had his or her fingerprints and palm prints taken under this
section, or if such prints previously taken under this section have been
destroyed at the person’s election.
(1a) A requirement
under subsection (1) may be made orally if the person is present at the place
where the fingerprints and palm prints are to be taken.
(2) The grant of a
licence, permit or endorsement referred to in subsection (1) may be refused if
the person of whom a requirement under subsection (1) is made fails to comply
with it.
(2a) An application
—
(a) for
the issue of a licence, permit or endorsement; or
(b) for
the renewal of a licence,
is to set out an
election to be made by the applicant as to whether any fingerprints and palm
prints taken from the applicant under this section, and any copy of them
—
(c) can
be kept by the Commissioner indefinitely; or
(d) are
to be dealt with in accordance with subsections (3) and (4).
(2b) The fingerprints
and palm prints of an applicant who makes an election referred to in
subsection (2a)(c) are to be kept by the Commissioner in accordance with that
election and, unless the applicant subsequently changes the election,
subsections (3) and (4) do not apply in respect of those prints or copies.
(2c) Before making an
election referred to in subsection (2a) the applicant is to be informed as to
the following matters —
(a) that
the prints taken may be compared with or put in a forensic database, within
the meaning of the Criminal Investigation (Identifying People) Act 2002 ;
(b) that
the prints taken may provide evidence that could be used in court against the
applicant;
(c) that
the applicant may subsequently change an election made under subsection (2a)
by notifying the Commissioner;
(d) that
the applicant may get legal advice before deciding whether or not to have the
prints taken and making an election under subsection (2a);
(e) such
other matters as may be prescribed.
(2d) The information
in subsection (2c) may be provided in writing.
(3) If an election is
made under subsection (2a)(d), then the Commissioner is to cause fingerprints
and palm prints taken under this section and any copy of them to be destroyed
—
(a) if
the relevant licence, permit or endorsement is not granted; or
(b) when
the relevant licence, permit or endorsement no longer has effect.
(4) If a review is
available under section 72, the destruction of fingerprints and palm prints
under subsection (3) is not required until —
(a) the
time for applying for a review has expired; and
(b) if
an application for a review is made, it has been determined in a way that does
not result in the grant or continuation of the relevant licence, permit or
endorsement.
(5) If a person
subsequently changes an election made under subsection (2a) and elects that
prints taken are to be dealt with in accordance with subsections (3) and (4),
and the time for destroying the prints under those provisions has already
passed, the Commissioner is to cause the prints and any copy of them to be
destroyed as soon as is practicable after the election is changed.
[Section 48 amended: No. 55 of 2004 s. 1069; No. 4
of 2008 s. 32.]