Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p78
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 78/268)
Character Range: 564411–567080

under section 105.45.
 (4) If a police officer questions a person while the person is being detained under a preventative detention order, the police officer who is detaining the person must ensure that:
 (a) a video recording is made of the questioning if it is practicable to do so; or
 (b) an audio recording is made of the questioning if it is not practicable for a video recording to be made of the questioning.
Note: A contravention of this subsection may be an offence under section 105.45.
 (5) Subsection (4) does not apply if:
 (a) the questioning occurs to:
 (i) ensure the safety and well being of the person being detained; or
 (ii) determine whether the person is the person specified in the order; and
 (b) complying with subsection (4) is not practicable because of the seriousness and urgency of the circumstances in which the questioning occurs.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3)).
 (6) A recording made under subsection (4) must be kept for the period of 12 months after the recording is made.

105.43  Taking fingerprints, recordings, samples of handwriting or photographs
 (1) 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.
Note: A contravention of this subsection may be an offence under section 105.45.
 (2) 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.
 (3) 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.
 (4) Subject to this section, a police officer must not take identification material (other than hand prints, fingerprints, foot prints or toe prints) from the person if the person:
 (a) is under 18 years of age; or
 (b) is incapable of managing his or her affairs;
unless a Judge of the Federal Circuit and Family Court of Australia (Division 2) orders that the material be taken.
Note: A contravention of this subsection may be an offence under section 105.45.
 (5) 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:
 (a) the age, or any disability, of the person; and
 (b) such other matters as the