Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p79
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 79/268)
Character Range: 566861–569399

deciding whether to make such an order, the Judge of the Federal Circuit and Family Court of Australia (Division 2) must have regard to:
 (a) the age, or any disability, of the person; and
 (b) such other matters as the Judge of the Federal Circuit and Family Court of Australia (Division 2) thinks fit.
 (6) The taking of identification material from a person who:
 (a) is under 18 years of age; or
 (b) is incapable of managing his or her affairs;
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.
Note 1: For appropriate person, see subsection (11).
Note 2: A contravention of this subsection may be an offence under section 105.45.
 (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 a Judge of the Federal Circuit and Family Court of Australia (Division 2) orders that the material be taken.
In deciding whether to make such an order, the Judge of the Federal Circuit and Family Court of Australia (Division 2) must have regard to the matters set out in subsection (5).
 (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.
Note: For appropriate person, see subsection (11).
 (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 incapable of managing his or her affairs, 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) an AFP member;
 (ii) an AFP employee (within the meaning of the Australian Federal Police Act 1979);
 (iii) a member (however described) of a police force of a State or Territory;
 (iv) an ASIO employee or an ASIO