Document ID: chunk:federal_register_of_legislation:C2004A04741:body:0:p22
Version: federal_register_of_legislation:C2004A04741
Segment Type: other
Provision Reference: 
Character Range: 51489–54185

the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person.

"(9) Despite this section, identification material may be taken from a person who:

  (a) is not a suspect; and

  (b) is under 10 or is incapable of managing his or her affairs;

if a court orders that the material be taken.

"(10) Despite this section, identification material may be taken from a person who:

  (a) is not a suspect; and

  (b) is at least 10 but under 18; and

  (c) is capable of managing his or her affairs;

if one of the following paragraphs applies:

    (d) the person agrees in writing to the taking of the material and a parent or guardian of the person also agrees in writing or, if a parent or guardian is not acceptable to the person, another person (other than a constable) who is capable of representing the interests of the person and who, as far as is practicable in the circumstances, is acceptable to the person also agrees in writing;

  (e) if:

        (i) one of those persons agrees in writing to the taking of the material but the other does not; and

      (ii) a court orders that the material be taken.

"(11) In deciding whether to make such an order, the court must have regard to the matters set out in subsection (7).

"(12) Despite this section, identification material may be taken from a person who:

  (a) is at least 18; and

  (b) is capable of managing his or her affairs; and

  (c) is not a suspect;

if the person consents in writing.

Destruction of identification material

  "3ZK.(1) If:

     (a) identification material has been taken from a person under section 3ZJ; and

     (b) a period of 12 months has elapsed since the identification material was taken; and

     (c) proceedings in respect of an offence to which the investigation material relates have not been instituted or have been discontinued;

the identification material must be destroyed as soon as practicable.

"(2) If identification material has been taken from a person under section 3ZJ and:

     (a) the person is found to have committed an offence to which the identification material relates but no conviction is recorded; or

  (b) the person is acquitted of such an offence and:

        (i) no appeal is lodged against the acquittal; or

        (ii) an appeal is lodged against the acquittal and the acquittal is confirmed or the appeal is withdrawn;

the identification material must be destroyed as soon as practicable unless an investigation into, or a proceeding against the person for, another offence to which the identification material relates is pending.

"(3) A magistrate may, on application by a constable, extend the period