South Australian Current Regulations

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SUMMARY OFFENCES REGULATIONS 2016 - REG 31

31—Removal from storage and return of intimate search records

        (1)         Subject to subregulation (2), a person must not remove an intimate search record from storage.

        (2)         The police officer in charge of the police station at which an intimate search record is stored may remove an intimate search record from storage only—

            (a)         if the officer requires the record for the purposes of these regulations or section 81(3c), (3d), (3e) or (3f) of the Act;

            (b)         if another person has requested access to the record and the officer reasonably believes that the person requires the record for a purpose referred to in paragraph (a).

        (3)         As soon as practicable after removing the record from storage, the officer in charge must enter in the register book the details required by Part B of the form in Schedule 1, including, except where the purpose of removal is destruction of the record, the estimated date of return of the record.

        (4)         As soon as practicable after the record is returned, the officer in charge must ensure that the details required by Part C of the form in Schedule 1 are entered in the register book.

        (5)         If an intimate search record is not returned by the estimated date of return—

            (a)         the officer in charge must ask the person to whom the record was given to give an undertaking to return the record either immediately or on a reviewed estimated date of return; and

            (b)         the officer in charge must ensure that the details required by Part D of the form in Schedule 1 are entered in the register book.

        (6)         If the record is not returned within the time specified in an undertaking given under subregulation (5), the officer in charge must notify the Commissioner of that fact in writing.



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