NSWIn ForceAct
Terrorism (Police Powers) Act 2002
26ZMUse of identification material
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#### 26ZM Use of identification material
26ZM Use of identification material
> > (1) This section applies if identification material is taken under section 26ZL from a person being detained under a preventative detention order.
>
> > (2) The material may be used only for the purpose of determining whether the person is the person specified in the order.
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> > (3) A person who uses identification material in contravention of subsection (2) is guilty of an offence.
> >
> > Maximum penalty—Imprisonment for 2 years.
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> > (4) If—
> >
> > > (a) a period of 12 months elapses after the identification material is taken, and
> >
> > > (b) proceedings in respect of—
> > >
> > > > (i) the preventative detention order, or
> > >
> > > > (ii) the treatment of the person in connection with the person’s detention under the order,
> > >
> > > have not been brought, or have been brought and discontinued or completed, within that period,
> >
> > the Commissioner of Police is to ensure that the material is destroyed as soon as practicable after the end of that period.
>
> **s 26ZM:** Ins 2005 No 114, Sch 1 \[1\].