Document ID: chunk:federal_register_of_legislation:C2025C00132:section:3zj:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 3ZJ (pt 2/3)
Character Range: 197319–199762

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 least 10 but under 18, or is incapable of managing his or her affairs; and
 (b) has not been arrested and charged;
except in accordance with Part ID.
 (7) In deciding whether to make such an order, the magistrate must have regard to:
 (a) the seriousness of the offence; and
 (b) the age or any disability of the person; and
 (c) such other matters as the magistrate thinks fit.
 (8) The taking of identification material from a person who:
 (a) is under 18; 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 the parent or guardian of the person 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.
 (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 magistrate 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 magistrate orders that the material be taken.
 (11) In deciding whether to make such an order, the magistrate 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.