South Australian Numbered Acts South Australian Numbered Acts43—Taking identification material
(1) A police officer
must not take identification material from a person who is being detained
under a preventative detention order except in accordance with this section.
Note—
A contravention of this subsection may be an offence under section 45.
(2) A police officer
who is of the rank of sergeant or higher may take identification material from
the person, or cause identification material from the person to be taken,
if—
(a) the
person consents in writing; or
(b) the
police officer believes on reasonable grounds that it is necessary to do so
for the purpose of confirming the person’s identity as the person
specified in the order.
(3) A police officer
may use such force as is necessary and reasonable in the circumstances to take
identification material from a person under this section.
(4) Subject to this
section, a police officer must not take identification material (other than
hand prints, fingerprints, foot prints or toe prints) from the person if the
person—
(a) is
under 18 years of age; or
(b) is
incapable of managing his or her affairs,
unless a Magistrate orders that the material be taken.
Note—
A contravention of this subsection may be an offence under section 45.
(5) In deciding
whether to make such an order, the Magistrate must have regard to—
(a) the
age, or any disability, of the person; and
(b) such
other matters as the Magistrate thinks fit.
(6) The taking of
identification material from a person who—
(a) is
under 18 years of age; or
(b) is
incapable of managing his or her affairs,
must be done in the presence of—
(c) a
parent or guardian of the person; or
(d) if a
parent or guardian of the person is not acceptable to the person—another
appropriate person.
Notes—
1 For "appropriate person", see
subsection (11).
2 A contravention of this subsection may be an
offence under section 45.
(7) Despite this
section, identification material may be taken from a person who is under 18
years of age and is capable of managing his or her affairs if—
(a)
subsections (8) and (9) are satisfied; or
(b)
subsection (8) or (9) is satisfied (but not both) and a Magistrate orders
that the material be taken.
In deciding whether to make such an order, the Magistrate must have regard to
the matters set out in subsection (5).
(8) This subsection
applies if the person agrees in writing to the taking of the material.
(9) This subsection
applies if either—
(a) a
parent or guardian of the person; or
(b) if a
parent or guardian is not acceptable to the person—another
appropriate person,
agrees in writing to the taking of the material.
Note—
For "appropriate person", see subsection (11).
(10) Despite this
section, identification material may be taken from a person who—
(a) is
at least 18 years of age; and
(b) is
capable of managing his or her affairs,
if the person consents in writing.
(11) A reference in
this section to an "appropriate person" in
relation to a person (the "subject") who is under 18 years of age, or
incapable of managing his or her affairs, is a reference to a person
who—
(a) is
capable of representing the subject’s interests; and
(b) as
far as is practicable in the circumstances, is acceptable to the subject and
the police officer who is detaining the subject; and
(c) is
none of the following:
(i)
a police officer;
(ii)
a person employed in duties related to the administration
of the police force;
(iii)
a member (however described) of a police force of the
Commonwealth, another State or a Territory;
(iv)
an officer or employee of the Australian Security
Intelligence Organisation.