Bills

Summary Offences (Biometric Identification) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 2, after line 25—After line 25 insert:

(2a) Section 74A—after subsection (2) insert:

(2a) Despite subsection (1), a police officer may only require a person to submit to a biometric identification procedure under subsection (1)(d) if—

(a) the person has refused or failed to comply with a requirement under subsection (1)(c) to state all or any of the person's personal details; or

(b) after requiring the production of evidence by the person under subsection (2), the officer is not reasonably satisfied as to the identity of the person.

(2b) Before a biometric identification procedure is carried out in respect of a person, a police officer must inform the person of the following matters:

(a) that the police officer is exercising a power under this section;

(b) the grounds on which the person is required to submit to the biometric identification procedure;

(c) the manner in which the procedure will be conducted and what directions may be given to the person for the purposes of the procedure;

(d) that any biometric data obtained from the person may only be retained for the purposes of conducting the procedure;

(e) the right of the person under this section to request confirmation from the Commissioner relating to the non-retention of the biometric data under subsection (4c).

No. 2. Clause 4, page 3, after line 10 [clause 4(5)]—After inserted subsection (4a) insert:

(4b) The Commissioner must—

(a) establish guidelines for the conduct of biometric identification procedures under this section including the operation of prescribed devices and the handling of biometric data derived from biometric identification procedures; and

(b) ensure that a prescribed device used for the purposes of a biometric identification procedure under this section is properly maintained and operated in accordance with the manufacturer's operating instructions and any guidelines issued under paragraph (a).

(4c) The Commissioner must, on application in a manner and form approved by the Commissioner made by a person who submitted to a biometric identification procedure, confirm in writing that the biometric data relating to the person derived from the biometric identification procedure has been deleted within the time required.

(4d) The Commissioner must, as soon as practicable after each 30 June, cause a report to be prepared about the operation of this section in respect of biometric identification procedures during the year ended on that 30 June.

(4e) Without limiting subsection (4d), a report relating to a year must include the following matters occurring under this section in that year:

(a) the number of biometric identification procedures undertaken;

(b) the number of positive identifications made using biometric identification procedures;

(c) the number of false identifications (if any) made using biometric identification procedures;

(d) details of prescribed devices used for the purposes of conducting biometric identification procedures (including operating procedures and the manner in which, and for how long, the devices retain biometric information obtained under this section);

(e) the number of arrests resulting from the identification of a person as a result of a biometric identification procedure;

(f) the number of prosecutions commenced for offences against—

(i) subsection (3)(a) involving a refusal or failure to comply with a requirement to submit to a biometric identification procedure under subsection (1); and

(ii) subsection (4a).

(4f) The Commissioner must submit the report to the Minister who must, as soon as reasonably practicable after receiving the report, cause copies of the report to be laid before each House of the Parliament.

No. 3. Clause 4, page 3, line 16 [clause 4(6), inserted definition of biometric identification procedure]—Delete 'by means of photograph or scan' insert 'using a prescribed device'

No. 4. Clause 4, page 3, after line 18—After line 18 insert:

(7) Section 74A(5)—after the definition of personal details insert:

prescribed device means a device, or a device of a kind, prescribed by the regulations for the purposes of this section.