Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 78A

    (1)     A magistrate may, on application by a police officer, order the photographing of a registrable offender if satisfied on the balance of probabilities that—

        (a)     a police officer has required the offender to be photographed under section 78 and the offender has failed to comply with the requirement; and

        (b)     there are reasonable grounds to believe that photographing the offender is likely to assist law enforcement, crime prevention or child protection purposes; and

        (c)     allowing reasonable force to be used in photographing the offender is justified in all the circumstances.

    (2)     For subsection (1) (c), the magistrate must consider the following:

        (a)     the seriousness of the circumstances surrounding the commission of each offence that resulted in the offender being on the register and the severity of each offence;

        (b)     the age, mental health and cultural background of the offender, to the extent that they are known by the magistrate;

        (c)     if the offender gives any reasons for not complying with the requirement—the reasons;

        (d)     any other circumstances that the magistrate considers relevant.

    (3)     An application under this section must be—

        (a)     made in writing; and

        (b)     supported by evidence on oath or by affidavit dealing with the matters mentioned in this section.