Victorian Current Acts Victorian Current ActsS. 27(1) amended by No. 37/2014 s. 10(Sch. item 154.4(a)), substituted by No. 25/2017 s. 19(1).
(1) A police officer may take, or may cause to be taken by a police custody officer within the meaning of section 3(1) of the Victoria Police Act 2013 , the fingerprints or a fingerscan of a registrable offender if—
(a) the fingerprints or a fingerscan of the registrable offender are not already held by the Chief Commissioner of Police; or
(b) the registrable offender is reporting under this Part and the police officer is not satisfied as to the identity of the registrable offender.
S. 27(2) amended by No. 37/2014 s. 10(Sch. item 154.4(b)).
(2) A police officer may only take, or cause to be taken, the fingerprints or a fingerscan of a child under subsection (1) if the child is accompanied by his or her parent or guardian or, if neither a parent or guardian is available, an independent person.
S. 27(3) inserted by No. 25/2017 s. 19(2).
(3) A police officer of or above the rank of senior sergeant may serve, or may cause to be served, a notice on a registrable offender referred to in subsection (1) directing the registrable offender to attend at a police station specified in the notice within 28 days after service of the notice to have the fingerprints or a fingerscan of the registrable offender taken.
S. 27(4) inserted by No. 25/2017 s. 19(2).
(4) A notice under subsection (3) must—
(a) state that if the registrable offender fails to comply with the notice, an application for a warrant to arrest the registrable offender may be made without further notice to the registrable offender; and
(b) state that the registrable offender may wish to seek legal advice as to the effect of the notice; and
(c) state the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and
(d) contain the prescribed information, if any.
S. 27(5) inserted by No. 25/2017 s. 19(2).
(5) A notice under subsection (3) must be served by delivering a true copy of the notice to the registrable offender personally.
S. 27(6) inserted by No. 25/2017 s. 19(2).
(6) Section 464ZFAA(6), (7) and (8) of the Crimes Act 1958 apply to a notice served under subsection (3) as if it were a notice served under that section.
S. 27(7) inserted by No. 25/2017 s. 20.
(7) Subject to subsection (8), a police officer may take the fingerprints or a fingerscan under subsection (1) of a registrable offender whose reporting obligations under this Act—
(a) have been suspended under Division 6 of Part 3; or
(b) have been suspended under section 32(1)(b); or
(c) have expired under section 34(1)—
only if a notice under subsection (3) has been served on the registrable offender.
S. 27(8) inserted by No. 25/2017 s. 20.
(8) A registrable offender referred to in subsection (7) may refuse to have fingerprints or a fingerscan taken and to attend at a police station in compliance with a notice under subsection (3) if the registrable offender demonstrates to the reasonable satisfaction of the police officer referred to in subsection (3)—
(a) if the registrable offender was a registrable offender on the commencement of the initial period, that the registrable offender has been resident in Victoria for not less than 2 years and 6 months in aggregate during the initial period; or
(b) that the registrable offender has been resident in Victoria for a continuous period of 12 months at any time after the expiry of the initial period and was a registrable offender during the whole of that period of 12 months.
S. 27(9) inserted by No. 25/2017 s. 20.
(9) A person serving a notice under subsection (3) on a registrable offender referred to in subsection (7) must inform the registrable offender, in a manner likely to be understood by the offender, of the following matters—
(a) that the offender may refuse to comply with the notice;
(b) the grounds on which the offender may refuse to comply; and
(c) that the offender may wish to seek legal advice as to the effect of the notice.
S. 27(10) inserted by No. 25/2017 s. 20.
(10) A police officer referred to in subsection (8) must take into account any information provided by the registrable offender.
S. 27(11) inserted by No. 25/2017 s. 20.
(11) Before a registrable offender referred to in subsection (7) has fingerprints or a fingerscan taken, a police officer must, in a manner likely to be understood by the offender—
(a) inform the offender of the grounds on which the offender may refuse to have fingerprints or a fingerscan taken; and
(b) ask the offender whether the offender wishes to refuse.
S. 27(12) inserted by No. 25/2017 s. 20.
(12) If a registrable offender does not have a knowledge of the English language that is sufficient to enable the person to understand the matters referred to in subsection (9) or (11), the person informing the offender must arrange for the presence of a competent interpreter and defer the giving of the information until the interpreter is present.
S. 27(13) inserted by No. 25/2017 s. 20.
(13) In this section—
"initial period" means the period of 3 years commencing on the day on which section 19 of the Sex Offenders Registration Amendment (Miscellaneous) Act 2017 comes into operation.
S. 27A inserted by No. 34/2005 s. 12.