21Power to take photographs and carry out non-intimate forensic procedures

### 21 Power to take photographs and carry out non-intimate forensic procedures > > (1)  [*\[Section 21 Subsection (1) amended by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpa@EN) The Registrar or an authorised person may take, or may cause to be taken by a person authorised by him or her, the photograph of the reportable offender or may require the reportable offender to expose any part of his or her body to enable that part of the body to be photographed by the Registrar, authorised person or person authorised by the Registrar or authorised person. > > > (1A)  [*\[Section 21 Subsection (1A) inserted by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpb@EN) The Registrar or an authorised person may carry out, or may cause to be carried out by a person authorised by him or her, a non-intimate forensic procedure on a reportable offender. > > > (2)  The Registrar or authorised person, on receipt of a report made in person under this Part, may require the reportable offender – > > > > > > (a) to be photographed; and > > > > > > > (b) [*\[Section 21 Subsection (2) amended by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpc@EN) to undergo a non-intimate forensic procedure; and > > > > > > > (c) to expose any part of his or her body to enable that part of the body to be photographed as provided under [subsection (1)](#GS21@Gs1@EN) ; and > > > > > > > (d) to present for inspection any form of identification or other document, relating to the identity of the reportable offender, or to verify or support details in the report as specified by the Registrar or authorised person. > > > (3)  [*\[Section 21 Subsection (3) substituted by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpd@EN) In order to exercise a power under this section, the Registrar or an authorised person may detain a reportable offender, and authorise the use of reasonable force in respect of a reportable offender, if it is reasonably necessary to do so – > > > > > > (a) to enable the reportable offender to be photographed; or > > > > > > > (b) to enable a non-intimate forensic procedure to be carried out in respect of the reportable offender; or > > > > > > > (c) to prevent loss, destruction or contamination of any forensic material taken from the reportable offender in accordance with this section. > > > (3A)  [*\[Section 21 Subsection (3A) inserted by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpd@EN) In detaining a reportable offender under [subsection (3)](#GS21@Gs3@EN) , the Registrar or authorised officer must tell the reportable offender – > > > > > > (a) why the reportable offender is being detained; and > > > > > > > (b) that the detention is authorised under this Act; and > > > > > > > (c) that the reportable offender will be released immediately after the purpose of the detention is fulfilled. > > > (3B)  [*\[Section 21 Subsection (3B) inserted by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpd@EN) A reportable offender detained under this section – > > > > > > (a) must not be held for a period that is longer than is reasonably necessary to enable the purpose for the detention to be fulfilled; and > > > > > > > (b) must be released immediately after the purpose for the detention is fulfilled. > > > (4)  The Registrar or an authorised person cannot, under this section, require a reportable offender to expose his or her genitals, the anal area of his or her buttocks or, in the case of a female, her breasts. > > > (5)  The Registrar or an authorised person on receipt of a report may copy any document presented to the Registrar or authorised person for inspection. > > > (6)  [*\[Section 21 Subsection (6) amended by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpe@EN) Before attempting to exercise a power under this section, the Registrar or an authorised person must inform the reportable offender in language likely to be understood by him or her that the photographs or any forensic material, within the meaning of the [Forensic Procedures Act 2000](/view/html/inforce/2026-04-12/act-2000-101) , taken as a result of the carrying out of the non-intimate forensic procedure on the reportable offender will be retained by the Commissioner. > > > (7)  [*\[Section 21 Subsection (7) inserted by No. 53 of 2016, s. 9, Applied:29 Nov 2017\]*](/view/html/inforce/2017-11-29/act-2016-053#GS9@Hpf@EN) A non-intimate forensic procedure carried out on a reportable offender – > > > > > > (a) must be carried out in circumstances affording reasonable privacy to the reportable offender undergoing the non-intimate forensic procedure; and > > > > > > > (b) is to be carried out in a manner consistent with appropriate medical or other relevant professional standards.