Victorian Current Acts Victorian Current ActsS. 13ZL(1) amended by No. 37/2014 s. 10(Sch. item 167.32(a)).
(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 13ZN.
S. 13ZL(2) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(i)).
(2) A police officer who is of or above the rank of sergeant 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
S. 13ZL(2)(b) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(ii)).
(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 in relation to whom the order is made; or
S. 13ZL(2)(c) amended by No. 37/2014 s. 10(Sch. item 167.32(b)(ii)).
(c) the police officer believes on reasonable grounds that it is necessary to do so for the purpose of documenting an illness or injury suffered by the person while being detained under the order.
S. 13ZL(3) amended by No. 37/2014 s. 10(Sch. item 167.32(c)).
(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.
S. 13ZL(4) amended by No. 37/2014 s. 10(Sch. item 167.32(c)).
(4) Subject to this section, a police officer must not take identification material (other than hand prints, finger prints, 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 the Magistrates' Court or the Children's Court (in the case of a person under 18 years of age) orders that the material be taken.
Note
A contravention of this subsection may be an offence under section 13ZN.
(5) In deciding whether to make such an order, the Magistrates' Court or the Children's Court (as the case requires) must have regard to—
(a) the age, or any disability, of the person; and
(b) such other matters as it 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 (10).
2 A contravention of this subsection may be an offence under section 13ZN.
(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 the Children's Court orders that the material be taken.
In deciding whether to make such an order, the Children's Court must have regard to the matters set out in subsection (5).
(8) For the purposes of subsection (7) this subsection is satisfied if the person agrees in writing to the taking of the material.
(9) For the purposes of subsection (7) this subsection is satisfied 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 (10).
(10) 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
S. 13ZL(10)(b) amended by No. 37/2014 s. 10(Sch. item 167.32(d)(i)).
(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—
S. 13ZL(10)
(c)(i) substituted by No. 37/2014 s. 10(Sch.
item
167.32(d)
(ii)(A)).
(i) a police officer;
(ii) an AFP member or an AFP employee (within the meaning of the Australian Federal Police Act 1979 of the Commonwealth);
S. 13ZL(10)
(c)(iii) amended by No. 37/2014 s. 10(Sch.
item
167.32(d)
(ii)(B)).
(iii) a member
(however described) of a police force or police service of another State or of
a Territory;
(iv) an officer or employee of the Australian Security Intelligence Organisation.
S. 13ZM inserted by No. 5/2006 s. 4.