Criminal Justice Legislation (Miscellaneous Amendments) Act 2002
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002
Criminal Justice Legislation (Miscellaneous Amendments) Act 2002
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<strong>Criminal</strong> <strong>Justice</strong> <strong>Legislation</strong> (<strong>Miscellaneous</strong> <strong>Amendments</strong>) <strong>Act</strong><br />
<strong>2002</strong><br />
<strong>Act</strong> No. 35/<strong>2002</strong><br />
s. 4<br />
refuses to allow it to be taken voluntarily<br />
if—<br />
(a) the use of reasonable force is authorised<br />
by a member in charge of a police<br />
station at the relevant time or a member<br />
of or above the rank of sergeant; and<br />
(b) before fingerscanning the person, the<br />
member of the police force informs the<br />
person, in language likely to be<br />
understood by the person, that<br />
reasonable force may be used to obtain<br />
it.<br />
(5) A person of the same sex as the person to be<br />
fingerscanned must, if practicable, take the<br />
fingerscan.<br />
(6) A fingerscan is inadmissible as evidence in<br />
any proceeding.<br />
(7) A fingerscan which is not required to be<br />
destroyed under section 464O may be<br />
recorded on a computerised database and<br />
may be accessed, disclosed, communicated<br />
or made use of by a person for the<br />
performance of official duties if the<br />
recording, accessing, disclosing,<br />
communicating or making use of fingerscans<br />
on that database by that person, or a person<br />
belonging to a class of persons, for that<br />
purpose is authorised in writing by the Chief<br />
Commissioner of Police.'.<br />
4. Destruction of records<br />
In section 464O(1) of the Crimes <strong>Act</strong> 1958, after<br />
"section" insert—<br />
' "destroy", in relation to a fingerscan, means<br />
permanently de-identify information—<br />
5
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