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Finger-printing Scheme) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
At present, a person's finger-prints may be taken by police while the person
is in lawful custody for an offence punishable on indictment or summary
conviction. In addition, a court that finds an offence of a prescribed kind to
be proved against a person may order that the person attend a police station
for the purpose of having his or her finger-prints or other identifying
particulars taken. (See section 353A of the Crimes Act 1900.)
The pilot scheme will require a court that convicts a person of an offence that
is punishable by imprisonment, or that makes a finding that such an offence
is proved against a person without proceeding to conviction, to order that the
person submit to having his or her finger-prints taken at court. The court
need not make the order if the person's finger-prints were taken while the
person was in police custody for the charge.
The finger-prints may be taken by a police officer or other person specified or
described in the order. A police officer or other person authorised to take the
finger-prints will be able to detain a person at court for such time as may be
reasonably necessary to take the person's finger-prints in accordance with the
order.
The pilot scheme will apply for a period of 6 months. The courts to be
involved are Parramatta Local Court, Dubbo Local Court and any other court
prescribed by the regulations (but not the Children's Court).
Clause 2 provides for the commencement of the proposed Act on a day to
be proclaimed.
Clause 3 is a formal provision giving effect to the amendment to the Crimes
Act 1900 set out in Schedule 1 .
Schedule 1
Amendment
Schedule 1 inserts new section 353AC in the Crimes Act 1900, which
contains the provisions described above.
Explanatory note page 2