This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
464NA Fingerscanning for identification purposes
* * * * *
(2)If a person of or above the age of 15 years— a police officer may take, or cause to be taken by an authorised person, a fingerscan of the person for the purpose only of identifying the person.
S. 464NA(2) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(1).
(a)has been charged with an indictable offence or a summary offence referred to in Schedule 7; and
S. 464NA(4)(a) amended by Nos 37/2014 s. 10(Sch. item 36.25(b)(ii)), 20/2015 s. 49.
(b)is present in a police station because of the charging or has been remanded in custody in relation to the charge—
S. 464NA(4)(b) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).
(3)A police officer intending to fingerscan a person under this section must inform the person, in language likely to be understood by the person, that the fingerscan—
S. 464NA(3) amended by Nos 37/2014 s. 10(Sch. item 36.25(a)), 59/2015 s. 26(2).
(a)is to be taken only for the purpose of identifying the person; and
(b)is inadmissible as evidence.
(4)A police officer may use reasonable force to take the fingerscan of a person referred to in subsection (2) who refuses to allow it to be taken voluntarily if—
S. 464NA(4) amended by No. 37/2014 s. 10(Sch. item 36.25 (b)(i)).
(a)the use of reasonable force is authorised by a police officer in charge of a police station at the relevant time or a police officer of or above the rank of sergeant; and
(b)before fingerscanning the person, the police officer informs the person, in language likely to be understood by the person, that reasonable force may be used to obtain it.
(5)A person of the same sex as the person to be fingerscanned must, if practicable, take the fingerscan.
(6)A fingerscan taken under this section is inadmissible as evidence in any proceeding.
(7)A fingerscan taken under this section which is not required to be destroyed under section 464O may be recorded on a computerised database and may be accessed, disclosed, communicated or made use of by a person for the performance of official duties if the recording, accessing, disclosing, communicating or making use of fingerscans on that database by that person, or a person belonging to a class of persons, for that purpose is authorised in writing by the Chief Commissioner of Police.