Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 3ZL

Offence of refusing to allow identification material to be taken

             (1)  If a person is convicted of an offence, the judge or magistrate presiding at the proceedings at which the person was convicted may order:

                     (a)  the person to attend a police station; or

                     (b)  that a constable be permitted to attend on the person in a place of detention;

within one month after the conviction to allow impressions of the person's fingerprints and/or or a photograph of the person to be taken in accordance with the order.

             (2)  A person must not refuse or fail to allow those impressions or a photograph of the person to be taken.

Penalty:  Imprisonment for 12 months.

             (3)  Subsection (2) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).

          (3A)  The judge or magistrate may also make any other orders that are reasonably necessary for ensuring that the impressions of the person's fingerprints and/or a photograph of the person are taken in accordance with the order under subsection (1). For example, the judge or magistrate may order the person to attend a specified police station at a specified time.

          (3B)  A person commits an offence if:

                     (a)  the person is subject to an order under subsection (3A); and

                     (b)  the person engages in conduct; and

                     (c)  the person's conduct contravenes the order.

Penalty:  Imprisonment for 12 months.

          (3C)  In this section:

"engage in conduct" means:

                     (a)  do an act; or

                     (b)  omit to perform an act.

             (4)  Nothing in this section derogates from the right to use the provisions of Part ID as authority for the taking of fingerprints from a prescribed offender or a serious offender.

             (5)  In subsection (4), prescribed offender and serious offender have the meanings given in subsection 23WA(1).



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