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In forceAmended2020 Revised Edition
Contents

Part 3 · Identification of Individuals

27. Offence for refusal to give, etc., body sample

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Amended

Last amended by an amending law of 2022.

(1)

Subsections (2), (3) and (4) apply to an individual mentioned in section 19(1), 20(1), 21(1) or 22(1).

(2)

Except where subsection (3) or (4) applies, an individual mentioned in subsection (1) commits an offence if the individual, without reasonable excuse —

(a)

refuses to give a body sample;

(b)

refuses to allow a body sample to be taken from him or her; or

(c)

otherwise hinders or obstructs the taking of a body sample (other than an invasive sample) from him or her.

(3)

In a case where an individual mentioned in subsection (1) has not attained 16 years of age but has attained 14 years of age, both the parent or guardian of the individual and the individual who, without reasonable excuse, refuse to give the appropriate consent for an invasive sample to be taken from the individual each commits an offence.

(4)

In a case where an individual mentioned in subsection (1) has not attained 14 years of age, the parent or guardian of the individual who, without reasonable excuse, refuses to give the appropriate consent for an invasive sample to be taken from the individual commits an offence.

(5)

An individual commits an offence under subsection (2) regardless of whether the individual’s body sample (that is not an invasive sample) was obtained by reasonable force under section 25.

(6)

An individual who is guilty of an offence under subsection (2) or (3) or a parent or guardian who is guilty of an offence under subsection (3) or (4) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one month or to both.

Report

Part 4

Identification Database

Part 5

Dna Database

Part 6

Removal of Registrable Particulars, Identifying Information, Records and Dna Information from Register, Identification Database and Dna Database

Part 7

Appeal Against Registrar’S Determination Under Section 39

Part 8

Miscellaneous

Schedules