Australian Capital Territory Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 2015 (NO 2) (NO. 36 OF 2015) - SECT 6

Section 185, new definitions

insert

"identification material", in relation to a person—

        (a)     means—

              (i)     a print of the person's hands, fingers, feet or toes; or

              (ii)     a recording of the person's voice; or

              (iii)     a sample of the person's handwriting; or

              (iv)     a photograph (including a video recording) of the person; but

        (b)     does not include a video recording for the purposes of a caution given to a person or a record of interview with the person.

Note     Words in the singular number include the plural (see Legislation Act

, s 145 (b)).

"impaired state", for a person, includes a state in which the person has difficulty communicating, or understanding the person's immediate circumstances, or making informed decisions.

Examples

1     a person who has a physical disability that prevents the person from speaking or writing

2     a person who is sedated

3     a person who is affected by drugs or alcohol

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

"take", identification material, includes requesting another person to take the material.