26ZLTaking fingerprints, recordings, samples of handwriting or photographs

#### 26ZL Taking fingerprints, recordings, samples of handwriting or photographs 26ZL Taking fingerprints, recordings, samples of handwriting or photographs > > (1) In this section— > > > > identification material, in relation to a person, means prints of the person’s hands, fingers, feet or toes, recordings of the person’s voice, samples of the person’s handwriting or photographs (including video recordings) of the person. > > > (2) A police officer must not take identification material from a person who is being detained under a preventative detention order except in accordance with this section or section 26ZLA. > > > > Maximum penalty—Imprisonment for 2 years. > > > (3) A police officer who is of the rank of sergeant or higher may take identification material from the person, or cause identification material from the person to be taken, if— > > > > > (a) the person consents in writing, or > > > > > (b) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of confirming the person’s identity as the person specified in the order. > > > (4) A police officer may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section. > > > (5) Subject to this section, a police officer may only take identification material (other than hand prints, fingerprints, foot prints or toe prints) from a person who— > > > > > (a) is under 18 years of age, or > > > > > (b) has impaired intellectual functioning, > > > > if the Supreme Court orders that the material be taken. > > > (6) The taking of identification material from a person who— > > > > > (a) is under 18 years of age, or > > > > > (b) has impaired intellectual functioning, > > > > must be done in the presence of— > > > > > (c) a parent or guardian of the person, or > > > > > (d) if a parent or guardian of the person is not acceptable to the person—another appropriate person. > > > (7) Despite this section, identification material may be taken from a person who is under 18 years of age and is capable of managing his or her affairs if— > > > > > (a) subsections (8) and (9) are satisfied, or > > > > > (b) subsection (8) or (9) is satisfied (but not both) and the Supreme Court orders that the material be taken. > > > (8) This subsection applies if the person agrees in writing to the taking of the material. > > > (9) This subsection applies if either— > > > > > (a) a parent or guardian of the person, or > > > > > (b) if a parent or guardian is not acceptable to the person—another appropriate person, > > > > agrees in writing to the taking of the material. > > > (10) Despite this section, identification material may be taken from a person who— > > > > > (a) is at least 18 years of age, and > > > > > (b) is capable of managing his or her affairs, > > > > if the person consents in writing. > > > (11) A reference in this section to an appropriate person in relation to a person (the subject) who is under 18 years of age, or has impaired intellectual functioning, is a reference to a person who— > > > > > (a) is capable of representing the subject’s interests, and > > > > > (b) as far as is practicable in the circumstances, is acceptable to the subject and the police officer who is detaining the subject, and > > > > > (c) is none of the following— > > > > > > > (i) a police officer, > > > > > > > (ii) an AFP member or AFP employee (within the meaning of the [Australian Federal Police Act 1979](http://www.legislation.gov.au/) of the Commonwealth), > > > > > > > (iii) a member (however described) of a police force of another State or Territory, > > > > > > > (iv) an officer or employee of the Australian Security Intelligence Organisation. > > **s 26ZL:** Ins 2005 No 114, Sch 1 \[1\]. Am 2010 No 72, Sch 1 \[15\] \[16\]; 2018 No 92, Sch 1 \[20\].