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CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 78

Photographing offender

    (1)     A police officer receiving a report made in person by or for a registrable offender may require the offender—

        (a)     to be photographed; or

        (b)     to expose any part of the offender's body to enable that part of the body to be photographed by the officer or another person authorised by the officer.

Note     See s 79 (2) for a restriction relevant to par (b).

    (2)     Force may not be used in photographing a registrable offender except in accordance with an order of a magistrate under section 78A.

    (3)     Before a registrable offender's photograph is taken, the police officer must tell the offender, in language likely to be understood by the offender—

        (a)     why the photographs are being taken; and

        (b)     that it is an offence not to comply with the requirement to be photographed; and

        (c)     that the photographs will be kept by the chief police officer.

    (4)     A registrable offender commits an offence if—

        (a)     a police officer requires the offender to be photographed under this section; and

        (b)     the offender does not comply with the requirement.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.



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