(1) A photograph taken under section 78 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 present in a place while a photograph is being taken under this section must be of the same sex as the registrable offender.
(3) If the offender is a transgender or intersex person who identifies as female, the offender is taken to be female for this section.
(4) If the offender is a transgender or intersex person who identifies as male, the offender is taken to be male for this section.