Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p53
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 53/58)
Character Range: 156212–158895

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 Federal Magistrate 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 Federal Magistrate must have regard to:
 (a) the age, or any disability, of the person; and
 (b) such other matters as the Federal Magistrate 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)