NSWIn ForceAct
Law Enforcement (Powers and Responsibilities) Act 2002
138ATaking of finger-prints and palm-prints from persons issued penalty notices
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#### 138A Taking of finger-prints and palm-prints from persons issued penalty notices
138A Taking of finger-prints and palm-prints from persons issued penalty notices
> > (1) A police officer who serves a penalty notice on a person under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) may (whether before or after the penalty notice has been served) require the person to submit to having his or her finger-prints or palm-prints, or both, taken and may, with the person’s consent, take the person’s finger-prints or palm-prints, or both.
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> > (2) A requirement under this section must not be made of a person who is under the age of 18 years and any such person is not required to comply with a requirement under this section.
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> > (3) The Commissioner must ensure that a finger-print or palm-print taken under this section is destroyed—
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> > > (a) on payment of the penalty under the penalty notice, or
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> > > (b) if the relevant penalty notice offence is dealt with by a court and the court dismisses the charge in relation to the penalty notice or arrives at a finding of not guilty for the charge, or
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> > > (c) if the penalty notice is withdrawn.
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> **s 138A:** Ins 2006 No 128, Sch 4.1 \[1\] (transferred from the Crimes Act 1900 No 40, sec 353AC). Am 2006 No 128, Sch 1 \[30\] \[31\].