Victorian Current Acts Victorian Current ActsS. 28(1) amended by Nos 34/2005 s. 13(1)(a), 37/2014 s. 10(Sch. item 154.6(a)(i)).
(1) Before attempting to exercise a power under section 27 or 27A, the police officer must inform the registrable offender in language likely to be understood by him or her—
S. 28(1)(a) amended by Nos 34/2005 s. 13(1)(b), 37/2014 s. 10(Sch. item 154.6(a)(ii)), 25/2017 s. 21.
(a) of the purpose for which the power is to be exercised and, in the case of a power under section 27(1)(b), why the police officer is not satisfied as to the registrable offender's identity; and
S. 28(1)(b) amended by No. 34/2005 s. 13(1)(c).
(b) that if the registrable offender refuses to give his or her fingerprints, or to submit to a fingerscan or to expose part of his or her body (as the case requires), voluntarily, reasonable force may be used; and
S. 28(1)(c) amended by No. 34/2005 s. 13(1)(d).
(c) that the fingerprints, fingerscan or photographs will be retained by the Chief Commissioner of Police.
S. 28(2) amended by Nos 34/2005 s. 13(2), 37/2014 s. 10(Sch. item 154.6(b)(i)).
(2) A police officer, or a person authorised by him or her, may use reasonable force to take the fingerprints or a fingerscan of a registrable offender or to expose a part of the body of a registrable offender that the police officer is authorised under section 27A to ask the registrable offender to expose to enable the taking of photographs of that part of the body if—
(a) the registrable offender refuses to co-operate voluntarily; and
S. 28(2)(b) amended by No. 37/2014 s. 10(Sch. item 154.6(b)).
(b) the use of reasonable force is authorised by a police officer in charge of a police station at the time of the request or a police officer of or above the rank of sergeant.
S. 28(3) amended by No. 34/2005 s. 13(3).
(3) If reasonable force is to be used under section 27 or 27A, a person of the same sex as the registrable offender must, if practicable, be the person who uses the reasonable force.