27Power to take fingerprints or fingerscan

27 Power to take fingerprints or fingerscan

S. 27(1) amended by No. 37/2014 s. 10(Sch. item 154.4(a)), substituted by No. 25/2017 s. 19(1).

(1) A police officer may take, or may cause to be taken by a police custody officer within the meaning of section 3(1) of the Victoria Police Act 2013, the fingerprints or a fingerscan of a registrable offender if—

(a) the fingerprints or a fingerscan of the registrable offender are not already held by the Chief Commissioner of Police; or

(b) the registrable offender is reporting under this Part and the police officer is not satisfied as to the identity of the registrable offender.

S. 27(2) amended by Nos 37/2014 s. 10(Sch. item 154.4(b)), 55/2025 s. 68.

(2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by a parent or, if a parent is not available, an independent person.

S. 27(3) inserted by No. 25/2017 s. 19(2).

(3) A police officer of or above the rank of senior sergeant may serve, or may cause to be served, a notice on a registrable offender referred to in subsection (1) directing the registrable offender to attend at a police station specified in the notice within 28 days after service of the notice to have the fingerprints or a fingerscan of the registrable offender taken.

S. 27(4) inserted by No. 25/2017 s. 19(2).

(4) A notice under subsection (3) must—

(a) state that if the registrable offender fails to comply with the notice, an application for a warrant to arrest the registrable offender may be made without further notice to the registrable offender; and

(b) state that the registrable offender may wish to seek legal advice as to the effect of the notice; and

(c) state the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and

(d) contain the prescribed information, if any.

S. 27(5) inserted by No. 25/2017 s. 19(2).

(5) A notice under subsection (3) must be served by delivering a true copy of the notice to the registrable offender personally.

S. 27(6) inserted by No. 25/2017 s. 19(2).

(6) Section 464ZFAA(6), (7) and (8) of the Crimes Act 1958 apply to a notice served under subsection (3) as if it were a notice served under that section.

S. 27(7) inserted by No. 25/2017 s. 20.

(7) Subject to subsection (8), a police officer may take the fingerprints or a fingerscan under subsection (1) of a registrable offender whose reporting obligations under this Act—