230AIdentification material—person under 18 years old

230A Identification material—person under 18 years old (1) A police officer may take identification material from a person who is under 18 years old and not in police custody for an offence, or under 16 years old and in police custody for an offence, only if a magistrate orders that the material may be taken from the person. (2) A police officer may take identification material from a person who is at least 16 years old but under 18 years old, and in police custody for an offence, only if— (a) the officer is an officer of or above the rank of sergeant, or is the officer in charge of a police station at which the person is in custody; and (b) the offence was allegedly committed by the person at a time when the person was at least 16 years old; and (c) either— (i) the officer believes on reasonable grounds that taking the material is necessary to identify the person, or identify the person as having committed the offence for which the person is in police custody; or (ii) the officer suspects on reasonable grounds that the person has committed another offence and that the material is likely to identify the person as having committed the other (d) either— (i) the person is not in an impaired state; or (ii) if the person is in an impaired state—a magistrate orders that the material may be taken from the person.

(3) Before taking identification material from a person who is not in an impaired state, a police officer must tell the person— (a) that the information is about to be taken from the person in accordance with this section; and (b) if the material is being taken for the purpose of identifying the person—that the material is being taken to identify the person; and (c) if the material is being taken for the purpose of identifying the person as having committed an offence— (i) the offence allegedly committed by the person; and (ii) that the identification material may be used in evidence in proceedings in relation to the offence; and (d) if subsection (1) applies—whether a magistrate has ordered that the material may be taken. (4) A police officer (the applicant) may apply to a magistrate for an order allowing identification material to be taken from a person under 18 years old if any of the following apply (the grounds for the application): (a) if the person is in police custody— (i) the applicant believes on reasonable grounds that taking the material is necessary to identify the person, or identify the person as having committed the offence for which the person is in police custody; or (ii) the applicant suspects on reasonable grounds that the person has committed another offence and that the material is likely to identify the person as having committed the other offence;

(b) if the person is not in police custody— (i) the applicant believes on reasonable grounds that taking the material is necessary to identify the person; or (ii) the applicant suspects on reasonable grounds that taking the material is necessary to identify the person as having committed a stated offence. (5) The application must be made— (a) in person; or (b) if it is not practicable for the applicant to make the application in person—by telephone, fax, email or any other means of communication. (6) The application must— (b) be sworn on oath; and Note Oath includes affirmation and swear an oath includes make an affirmation (see Legislation Act, dict, pt 1). (c) state— (i) the name, age and home address of the person from whom identification material would be taken (if known); and (ii) the material that would be taken; and (iii) the facts in support of the application; and (iv) the grounds for the application; and (v) if the person is in an impaired state—the nature of the person’s impairment; and (vi) any other information requested by the magistrate; and (d) include any other information prescribed by regulation.