Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision C - Making community safety orders  

SECTION 395.16   Treatment of photographs and impressions of fingerprints  

(1)    
A photograph, or an impression of fingerprints, taken of or from a serious offender as mentioned in paragraph 395.14(7)(b) or (c) must be used only for the purpose of ensuring compliance with a community safety supervision order relating to the offender.

(2)    
The photograph or the impression must be destroyed if:

(a)    no community safety supervision order has been in force in relation to the offender for 12 months; and

(b)    either:

(i) no proceedings relating to a community safety supervision order relating to the offender were on foot in that 12-month period; or

(ii) proceedings relating to a community safety supervision order relating to the offender were discontinued or completed within that 12-month period.

(3)    
A person commits an offence if:

(a)    the person engages in conduct; and

(b)    the conduct contravenes subsection (1) .

Penalty: Imprisonment for 2 years.