Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p54
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 54/58)
Character Range: 158666–161354

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 Federal Magistrate orders that the material be taken.
In deciding whether to make such an order, the Federal Magistrate 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 officer or employee of the Australian Security Intelligence Organisation.

105.44  Use of identification material

 (1) This section applies if identification material is taken under section 105.43 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.

Note: A contravention of this subsection may be an offence under section 105.45.

 (3) 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 material must be destroyed as soon as practicable after the end of that period.

105.45  Offences of contravening safeguards

  A person commits an offence