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Act index » Part III - Procedure and punishment » Division 1 - Pleading procedure, proof &c. » Subdivision (30A) - Custody and investigation
(a)the offence in respect of which the fingerprints were taken; or
(b)any other offence arising out of the same circumstances; or
(c)any other offence in respect of which the fingerprints have probative value.
(2)If a person has been fingerprinted in accordance with this Subdivision and— the Chief Commissioner of Police must, subject to subsections (4) and (5A), destroy the fingerprints and any record, copy or photograph of them, or cause them to be destroyed at the time specified in subsection (3).
(a)the person has not been charged with a relevant offence at the end of the period of 6 months after the taking of the fingerprints; or
(b)the person has been so charged but the charge is not proceeded with or the person is not found guilty of the offence or any other relevant offence, whether on appeal or otherwise, before the end of that period—
(3)For the purposes of subsection (2), fingerprints taken in accordance with this Subdivision and any record, copy or photograph of them must be destroyed—
(a)where the person has not been so charged or the charge is not proceeded with, within one month after the period referred to in subsection (2)(a); or
(b)where the person is not found guilty, within one month after the conclusion of the proceedings and the end of any appeal period.
(3A)Despite subsection (3), if a person has been fingerprinted in accordance with this Subdivision on more than one occasion, those fingerprints and each record, copy or photograph of the fingerprints must be collectively destroyed within one month of the date on which the person satisfies the criteria under subsection (2) in relation to all of those fingerprints.
(4)A police officer may, within the period referred to in subsection (3)(a) or (b) and on one occasion only, apply without notice to any other person to the Magistrates' Court or the Children's Court (as the case requires) for an order extending the period by not more than 6 months within which the fingerprints and any record, copy or photograph of them must be destroyed.
S. 464O(4) amended by No. 37/2014 s. 10(Sch. item 36.26).
(5)If a court makes an order under subsection (4), it must cause a copy of the order to be served on the person from whom the fingerprints were taken.
(5A)The Chief Commissioner of Police is not required to destroy or cause to be destroyed a person's fingerprints taken in accordance with this Subdivision or any record, copy or photograph of the fingerprints if—
(a)the person has had their fingerprints taken in accordance with this Subdivision on another occasion and those other fingerprints are not required to be destroyed under this section; or
(b)the person to whom the fingerprints belong has died.
(6)If fingerprints or any record, copy or photograph of them are destroyed in accordance with this section, the Chief Commissioner of Police must give notice within 14 days of the destruction to the person from whom the fingerprints were taken.
(7)A person who— any record, copy or photograph of fingerprints required by this section to be destroyed is guilty of a summary offence punishable on conviction by a level 10 fine (10 penalty units maximum).