CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4 - Arrest and related matters  

SECTION 3ZL   Offence of refusing to allow identification material to be taken  

(1)  
If a person is convicted of an offence, the judge or magistrate presiding at the proceedings at which the person was convicted may order:


(a) the person to attend a police station; or


(b) that a constable be permitted to attend on the person in a place of detention;

within one month after the conviction to allow impressions of the person's fingerprints and/or a photograph of the person to be taken in accordance with the order.

(2)  


A person must not, without reasonable excuse, refuse or fail to allow those impressions or a photograph of the person to be taken.

Penalty: Imprisonment for 12 months.

(3)  


Subsection (2) does not apply if the person has a reasonable excuse.

(3A)  


The judge or magistrate may also make any other orders that are reasonably necessary for ensuring that the impressions of the person's fingerprints and/or a photograph of the person are taken in accordance with the order under subsection (1). For example, the judge or magistrate may order the person to attend a specified police station at a specified time.

(3B)  


A person commits an offence if:


(a) the person is subject to an order under subsection (3A); and


(b) the person engages in conduct; and


(c) the person's conduct contravenes the order.

Penalty: Imprisonment for 12 months.

(3C)  


In this section:

engage in conduct
means:


(a) do an act; or


(b) omit to perform an act.

(4)  


Nothing in this section derogates from the right to use the provisions of Part ID as authority for the taking of fingerprints from a prescribed offender or a serious offender.

(5)  


In subsection (4), prescribed offender and serious offender have the meanings given in subsection 23WA(1) .



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