138A   Taking of finger-prints and palm-prints from persons issued penalty notices

(1)  A police officer who serves a penalty notice on a person under the Criminal Procedure Act 1986 may (whether before or after the penalty notice has been served) require the person to submit to having his or her finger-prints or palm-prints, or both, taken and may, with the person’s consent, take the person’s finger-prints or palm-prints, or both.

(2)  A requirement under this section must not be made of a person who is under the age of 18 years and any such person is not required to comply with a requirement under this section.

(3)  The Commissioner must ensure that a finger-print or palm-print taken under this section is destroyed:

(a)  on payment of the penalty under the penalty notice, or

(b)  if the relevant penalty notice offence is dealt with by a court and the court dismisses the charge in relation to the penalty notice or arrives at a finding of not guilty for the charge, or

(c)  if the penalty notice is withdrawn.