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This is a Bill, not an Act. For current law, see the Acts databases.


SUMMARY OFFENCES (BIOMETRIC IDENTIFICATION) AMENDMENT BILL 2015

South Australia

Summary Offences (Biometric Identification) Amendment Bill 2015

A BILL FOR

An Act to amend the Summary Offences Act 1953


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Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


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:

Part 1—Preliminary

1—Short title

This Act may be cited as the Summary Offences (Biometric Identification) Amendment Act 2015.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

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;

 


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