New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 134

134 Orders for the taking of identification particulars

(cf Crimes Act 1900 , s 353A)

(1) A court that finds an offence to which this section applies to have been proven against a person may order the person to present himself or herself in accordance with the terms of the order and submit to the taking, by the officer in charge of the police station specified in the order, of all particulars as are necessary to identify the person.

(2) The particulars may include the person's photograph, finger-prints and palm-prints.

(3) The order is to contain a warning to the person that a failure or refusal to comply may result in the person's arrest.

(4) A person who does not present himself or herself in accordance with the terms of the order may, at the direction of the officer in charge of the police station, be arrested without a warrant and taken into custody for such time as is reasonably necessary for the taking of particulars in accordance with the order.

(5) This section applies to the following offences--

(a) any indictable offence,

(b) an offence under section 117 of the Road Transport Act 2013 (or a former corresponding provision within the meaning of that Act) of driving a motor vehicle on a road or road related area negligently occasioning death, negligently occasioning grievous bodily harm, furiously or recklessly or at a speed or in a manner that is dangerous to the public,

(c) an offence under any of the following provisions of the Road Transport Act 2013 (or any former corresponding provisions within the meaning of that Act)--

(i) section 110(1), (2), (3)(a) or (b), (4)(a) or (b) or (5)(a) or (b),

(ia) section 111(1)(a) or (b) or (3)(a) or (b),

(ii) section 112(1)(a) or (b),

(iii) section 118,

(iv) section 146,

(v) clause 16(1)(b) of Schedule 3,

(vi) clause 17(1) or 18(1) of Schedule 3,

(c1) an offence under section 5 or 6 of the Prevention of Cruelty to Animals Act 1979 ,

(d) an offence prescribed, or of a kind or description prescribed, by the regulations.