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CRIMES (CHILD SEX OFFENDERS) ACT 2005 (NO. 30 OF 2005) - SECT 78

Offender reporting in person may be photographed

    (1)     A police officer receiving a report made in person by or for a registrable offender under this chapter may, with the offender's consent, arrange for the offender to be photographed.

    (2)     If the offender consents to being photographed, the police officer must ask the offender to sign a written acknowledgment (an acknowledgment of consent ) stating—

        (a)     that the offender was told that consent may be refused; and

        (b)     that the offender consented to being photographed; and

        (c)     the time and date when consent was given.

    (3)     If the offender signs an acknowledgment of consent, the police officer must immediately give a copy to the offender.

    (4)     A court must find that the offender did not consent to being photographed if—

        (a)     the question of whether the offender consented to being photographed arises in a proceeding in the court; and

        (b)     an acknowledgment of consent for the photography is not produced in evidence; and

        (c)     it is not proved that the offender consented to being photographed.

    (5)     A police officer cannot, under this section, ask a registrable offender who is to be photographed 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.

Note     Transgender person is defined in the Legislation Act, s 169A.
Intersex person is defined in the Legislation Act, s 169B.



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