464ODestruction of records

464O Destruction of records

S. 464O(1)
destroy inserted by No. 35/2002 s. 4.

destroy, in relation to a fingerscan, means permanently de-identify information—

(a) which identifies the person from whom the fingerscan was taken; or

(b) from which the person's identity may be ascertained;

S. 464O(1) def. of fingerprints inserted by No. 35/2002 s. 4, amended by No. 41/2004 s. 6.

fingerprints includes fingerscan taken under section 464NA or any other provision of this Subdivision;

relevant offence means—

(a) the offence in respect of which the fingerprints were taken; or

(b) any other offence arising out of the same circumstances; or

(c) any other offence in respect of which the fingerprints have probative value.

S. 464O(2) amended by No. 44/2022 s. 83(1).

(2) If a person has been fingerprinted in accordance with this Subdivision and—

(a) the person has not been charged with a relevant offence at the end of the period of 6 months after the taking of the fingerprints; or

(b) the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period—

the Chief Commissioner of Police must, subject to subsections (4) and (5A), destroy the fingerprints and any record, copy or photograph of them, or cause them to be destroyed at the time specified in subsection (3).

(3) For the purposes of subsection (2), fingerprints taken in accordance with this Subdivision and any record, copy or photograph of them must be destroyed—

S. 464O(3)(a) amended by Nos 44/2022 s. 83(2), 1/2026 s. 70(1).

(a) where the person has not been so charged or the charge is not proceeded with, within one month after the period referred to in subsection (2)(a); or

S. 464O(3)(b) amended by No. 1/2026 s. 70(1).

(b) where the person is not found guilty, within one month after the conclusion of the proceedings and the end of any appeal period.

S. 464O(3A) inserted by No. 44/2022 s. 83(3), amended by No. 1/2026 s. 70(2).

(3A) Despite subsection (3), if a person has been fingerprinted in accordance with this Subdivision on more than one occasion, those fingerprints and each record, copy or photograph of the fingerprints must be collectively destroyed within one month of the date on which the person satisfies the criteria under subsection (2) in relation to all of those fingerprints.