Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zj:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZJ (pt 1/3)
Character Range: 194873–197543

3ZJ  Taking fingerprints, recordings, samples of handwriting or photographs
 (1) In this section and in sections 3ZK and 3ZL:
identification material, in relation to a person, means prints of the person's hands, fingers, feet or toes, recordings of the person's voice, samples of the person's handwriting or photographs (including video recordings) of the person, but does not include tape recordings made for the purposes of section 23U or 23V.
 (2) A constable must not:
 (a) take identification material from a person who is in lawful custody in respect of an offence except in accordance with this section; or
 (b) require any other person to submit to the taking of identification material, but nothing in this paragraph prevents such a person consenting to the taking of identification material.
 (3) If a person is in lawful custody in respect of an offence, a constable who is of the rank of sergeant or higher or who is for the time being in charge of a police station 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 constable believes on reasonable grounds that it is necessary to do so to:
 (i) establish who the person is; or
 (ii) identify the person as the person who committed the offence; or
 (iii) provide evidence of, or relating to, the offence; or
 (ba) both of the following apply:
 (i) the identification material taken, or caused to be taken, is fingerprints or photographs (including video recordings) of the person;
 (ii) the offence is punishable by imprisonment for a period of 12 months or more; or
 (c) the constable suspects on reasonable grounds that the person has committed another offence and the identification material is to be taken for the purpose of identifying the person as the person who committed the other offence or of providing evidence of, or relating to, the other offence.
 (4) A constable may use such force as is necessary and reasonable in the circumstances to take identification material from a person under this section.
 (5) Subject to subsection (9), a constable must not take identification material from a person who is under 10.
 (6) Subject to this section, a constable must not take identification material (other than hand prints, finger prints, foot prints or toe prints) from a suspect who:
 (a) is at least 10 but under 18, or is incapable of managing his or her affairs; and
 (b) has not been arrested and charged;
unless a magistrate orders that the material be taken.
 (6A) A constable must not take hand prints, finger prints, foot prints or toe prints from a suspect who:
 (a) is at