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CRIMES ACT 1914

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CRIMES ACT 1914 SECT 3ZL

3ZL Offence of refusing to allow identification material to be taken
(1)
If a person is convicted of an offence, the judge or magistrate presiding at the proceedings at which the person was convicted may order:
(a)
the person to attend a police station; or
(b)
that a constable be permitted to attend on the person in a place of detention;

within one month after the conviction to allow impressions of the person's fingerprints or a photograph of the person to be taken in accordance with the order.

(2)
A person must not refuse or fail to allow those impressions or a photograph of the person to be taken.

Penalty: Imprisonment for 12 months.

(3)
Subsection (2) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code ).
(4)
Nothing in this section derogates from the right to use the provisions of Part 1D as authority for the taking of fingerprints from a prescribed offender or a serious offender.
(5)
In subsection (4), prescribed offender and serious offender have the meanings given in subsection 23WA(1).
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