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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Biometric Identification) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
4Amendment of section 74A—Power to require
personal details and other identification information
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Biometric Identification)
Amendment Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
4—Amendment
of section 74A—Power to require personal details and other identification
information
(1) Section 74A(1)—delete subsection (1) and
substitute:
(1) If a police officer has reasonable cause to suspect—
(a) that a person has committed, is committing, or is about to commit, an
offence; or
(b) that a person may be able to assist in the investigation of an offence
or a suspected offence,
the officer may require the person to do either or both of the
following:
(c) state all or any of the person's personal details;
(d) submit to a biometric identification procedure.
(2) Section 74A(2)—delete "subsection (1)" and
substitute:
subsection (1)(c)
(3) Section 74A(3)(b)—delete "subsection (1)" and
substitute:
subsection (1)(c)
(4) Section 74A(4)—after "personal details" insert:
, or submit to a biometric identification procedure,
(5) Section 74A—after subsection (4) insert:
(4a) A person must not retain or store biometric data derived from a
biometric identification procedure under this section for longer than is
reasonably required for the purposes of carrying out the biometric
identification procedure.
Maximum penalty: $10 000 or imprisonment for 2 years.
(6) Section 74A(5)—before the definition of personal
details insert:
biometric data means fingerprint data or any other prescribed
data or data of a prescribed kind that describes physical characteristics of a
person or part of a person that may be used to identify the person;
biometric identification procedure means a procedure in which
biometric data relating to a person is obtained by means of photograph or scan
and compared with other biometric data for the purposes of identifying the
person;