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CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 79

Right to privacy when being photographed

    (1)     A photograph taken under section 78 or section 78A must be taken—

        (a)     in a place where no members of the public are present; and

        (b)     by a person of the same sex as the registrable offender.

    (2)     A police officer cannot require an offender who is to be photographed under section 78 or section 78A to expose for that purpose—

        (a)     the offender's genitals; or

        (b)     the anal area of the offender's buttocks; or

        (c)     if the offender is female, or a transgender or intersex person who identifies as female—the offender's breasts.

    (3)     A police officer present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender.

    (4)     If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section.

    (5)     If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.



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