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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes (Forensic Procedures)
Amendment Bill 2006
No , 2006
A Bill for
An Act to amend the Crimes (Forensic Procedures) Act 2000 with respect to the
carrying out of forensic procedures; and for other purposes.
Clause 1 Crimes (Forensic Procedures) Amendment Bill 2006
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Forensic Procedures) Amendment Act 2006. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Amendment of Crimes (Forensic Procedures) Act 2000 No 59 6
The Crimes (Forensic Procedures) Act 2000 is amended as set out in 7
Schedule 1. 8
4 Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 9
No 103 10
The Law Enforcement (Powers and Responsibilities) Act 2002 is 11
amended as set out in Schedule 2. 12
5 Repeal of Act 13
(1) This Act is repealed on the day following the day on which all of the 14
provisions of this Act have commenced. 15
(2) The repeal of this Act does not, because of the operation of section 30 16
of the Interpretation Act 1987, affect any amendment made by this Act. 17
Page 2
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
Schedule 1 Amendment of Crimes (Forensic 1
Procedures) Act 2000 2
(Section 3) 3
[1] Section 3 Interpretation 4
Omit the definitions of Aboriginal person and Torres Strait Islander from 5
section 3 (1). 6
[2] Section 3 (1), definition of "authorised applicant" 7
Omit "section 355 of the Crimes Act 1900" from paragraph (b). 8
Insert instead "the Law Enforcement (Powers and Responsibilities) Act 2002". 9
[3] Section 3 (1), definition of "forensic procedure" 10
Omit "or" from paragraph (b) and omit paragraph (c). 11
[4] Section 3 (1), definition of "informed consent" 12
Insert after paragraph (b) of the definition: 13
(b1) an untested former offender--is defined in section 75F, 14
and 15
[5] Section 3 (1), definition of "intimate forensic procedure" 16
Omit the definition. Insert instead: 17
intimate forensic procedure means any of the following: 18
(a) an external examination of a person's private parts, 19
(b) the carrying out on a person of an other-administered 20
buccal swab, 21
(c) the taking from a person of a sample of the person's blood, 22
(d) the taking from a person of a sample of the person's pubic 23
hair, 24
(e) the taking from a person of a sample of any matter, by 25
swab or washing, from the person's private parts, 26
(f) the taking from a person of a sample of any matter, by 27
vacuum suction, scraping or lifting by tape, from the 28
person's private parts, 29
(g) the taking from a person of a dental impression, 30
(h) the taking of a photograph of the person's private parts, 31
(i) the taking from a person of an impression or cast of a 32
wound from the person's private parts. 33
Page 3
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
[6] Section 3 (1), definition of "non-intimate forensic procedure" 1
Omit the definition. Insert instead: 2
non-intimate forensic procedure means any of the following: 3
(a) an external examination of a part of a person's body, other 4
than the person's private parts, that requires touching of 5
the body or removal of clothing, 6
(b) the carrying out on a person of a self-administered buccal 7
swab, 8
(c) the taking from a person of a sample of the person's hair, 9
other than pubic hair, 10
(d) the taking from a person of a sample (such as a nail 11
clipping) of the person's nails or of matter from under the 12
person's nails, 13
(e) the taking from a person of a sample of any matter, by 14
swab or washing, from any external part of the person's 15
body, other than the person's private parts, 16
(f) the taking from a person of a sample of any matter, by 17
vacuum suction, scraping or lifting by tape, from any 18
external part of the person's body, other than the person's 19
private parts, 20
(g) the taking from a person of the person's hand print, finger 21
print, foot print or toe print, 22
(h) the taking of a photograph of a part of a person's body, 23
other than the person's private parts, 24
(i) the taking from a person of an impression or cast of a 25
wound from a part of the person's body, other than the 26
person's private parts, 27
(j) the taking of a person's physical measurements (whether 28
or not involving marking) for biomechanical analysis of an 29
external part of the person's body, other than the person's 30
private parts. 31
[7] Section 3 (1) 32
Insert in alphabetical order: 33
offenders index is defined in section 90. 34
[8] Section 3 (1), definition of "order" 35
Omit "75" from paragraph (d) of the definition. Insert instead "74A". 36
Page 4
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[9] Section 3 (1), definition of "order" 1
Insert after paragraph (d) of the definition: 2
(d1) order of a court under section 75L, 75M or 75N, or 3
[10] Section 3 (1) 4
Insert in alphabetical order: 5
other-administered buccal swab means a buccal swab carried 6
out by someone other than the person on whom it is carried out. 7
[11] Section 3 (1) 8
Insert in alphabetical order: 9
place of detention, in relation to a person the subject of a home 10
detention order under the Crimes (Sentencing Procedure) Act 11
1999, means the place at which the person resides pursuant to the 12
order. 13
private parts means a person's genital area, anal area or buttocks, 14
and, in the case of a female or transgender person who identifies 15
as a female, includes the person's breasts. 16
[12] Section 3 (1), definition of "responsible person" 17
Insert "declared by the regulations to be the person" after "the person". 18
[13] Section 3 (1) 19
Insert in alphabetical order: 20
self-administered buccal swab means a buccal swab carried out 21
by the person on whom it is carried out. 22
untested former offender is defined in section 75A. 23
[14] Section 3 (5) 24
Omit the subsection. Insert instead: 25
(5) Destroy forensic material 26
For the purposes of this Act, a person who is required to destroy 27
forensic material is required not only to destroy the material but 28
also to ensure that any information that relates any such DNA 29
profile to a person whose DNA it describes is removed from the 30
DNA database system. 31
Page 5
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
[15] Section 4 Interview friends 1
Omit "if the suspect or offender is" from section 4 (2) (c). 2
Insert instead "if the suspect or offender identifies as". 3
[16] Section 4 (3) 4
Omit "is an Aboriginal person or a Torres Strait Islander not covered". 5
Insert instead "identifies as an Aboriginal person or Torres Strait Islander, and 6
is not covered". 7
[17] Section 5 How forensic procedures may be authorised in different 8
circumstances 9
Omit "or buccal swab" from the heading to the second column of the Table 10
to section 5. 11
[18] Section 6 Time limits for carrying out forensic procedures 12
Insert "person identifying as" before "Aboriginal person" wherever occurring 13
in the Table to section 6. 14
[19] Section 8 15
Omit the section. Insert instead: 16
8 Police officer to ask whether suspect identifies as Aboriginal 17
person or Torres Strait Islander 18
Before asking a suspect to consent to a forensic procedure under 19
this Part, a police officer must ask the suspect whether the suspect 20
identifies as an Aboriginal person or Torres Strait Islander. 21
[20] Section 9 Informed consent to forensic procedures--general 22
Omit section 9 (1) (b). Insert instead: 23
(b) the suspect does not identify as an Aboriginal person or 24
Torres Strait Islander. 25
[21] Section 10 Informed consent to forensic procedures--Aboriginal 26
persons and Torres Strait Islanders 27
Omit section 10 (1) (b). Insert instead: 28
(b) the suspect identifies as an Aboriginal person or Torres 29
Strait Islander. 30
Page 6
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[22] Section 10 (5) 1
Omit the subsection. Insert instead: 2
(5) The police officer is not required to comply with subsection (4) 3
if he or she is aware that the suspect: 4
(a) has arranged for a legal representative to be present, or 5
(b) has expressly and voluntarily waived his or her right to 6
have a legal representative present, 7
while the suspect is being asked to consent to the forensic 8
procedure. 9
[23] Section 11 10
Omit sections 11 and 12. Insert instead: 11
11 Conditions under which police officer may request consent to 12
forensic procedure 13
(1) A police officer may not ask a suspect to undergo a forensic 14
procedure unless satisfied: 15
(a) that section 8, and section 9 or 10, as the case requires, 16
have been complied with, and 17
(b) that the circumstances referred to in subsection (2) or (3) 18
exist, and 19
(c) that the suspect is neither a child nor an incapable person, 20
and 21
(d) that the request for consent is justified in all the 22
circumstances. 23
(2) In the case of an intimate forensic procedure, or a non-intimate 24
forensic procedure involving the taking of a sample of the 25
suspect's hair or the carrying out of a self-administered buccal 26
swab: 27
(a) the act or omission in respect of which the suspect is a 28
suspect must constitute a prescribed offence, and 29
(b) there must be reasonable grounds to believe that the 30
procedure might produce evidence tending to confirm or 31
disprove: 32
(i) that the suspect has committed the prescribed 33
offence referred to in paragraph (a), or 34
(ii) that the suspect has committed some other 35
prescribed offence. 36
Page 7
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
(3) In the case of a non-intimate forensic procedure (other than a 1
procedure involving the taking of a sample of the suspect's hair 2
or the carrying out of a self-administered buccal swab): 3
(a) the act or omission in respect of which the suspect is a 4
suspect must constitute an offence, and 5
(b) there must be reasonable grounds to believe that the 6
procedure might produce evidence tending to confirm or 7
disprove: 8
(i) that the suspect has committed the offence referred 9
to in paragraph (a), or 10
(ii) that the suspect has committed some other offence. 11
[24] Section 13 Matters that suspect must be informed of before giving 12
consent 13
Omit "if the police officer believes on reasonable grounds that the suspect is" 14
from section 13 (1) (h). 15
Insert instead "if the suspect identifies as". 16
[25] Section 13 (1) (j) 17
Omit "(4), (5), (6) or (7)". Insert instead "(4) or (5)". 18
[26] Section 13 (1) (k) 19
Insert ", including that the information may be compared with information 20
from the DNA database systems of other participating jurisdictions" after 21
"disclosure and use". 22
[27] Section 13 (2) 23
Omit the subsection. Insert instead: 24
(2) Suspect's right to have medical practitioner or dentist present 25
during some forensic procedures 26
In the case of: 27
(a) an intimate forensic procedure, or 28
(b) a non-intimate forensic procedure that involves the taking 29
of an impression or cast of a wound from a part of the 30
suspect's body, 31
the police officer must inform the suspect that the suspect may 32
ask that a medical practitioner or dentist (depending on the kind 33
of procedure) of his or her choice be present while the procedure 34
is being carried out. 35
Page 8
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[28] Section 13 (5) 1
Omit "and the forensic procedure is a non-intimate forensic procedure or an 2
intimate forensic procedure". 3
[29] Section 13 (6) and (7) 4
Omit the subsections. 5
[30] Section 15 Recording of giving information and suspect's responses 6
Omit section 15 (2) and the note appearing after that subsection. Insert instead: 7
(2) If the recording of the giving of the information and the suspect's 8
responses (if any) by electronic means is not practicable: 9
(a) an independent person who is not a police officer must be 10
present while the information is given and while any 11
responses are made, and 12
(b) a police officer must make a written record of the 13
information that is given and any responses that are made, 14
and 15
(c) the police officer by whom the record is made must ensure 16
that a copy of the record is made available to the suspect. 17
Note. Part 13 contains provisions about making copies of material 18
(including copies of tapes) available to the suspect. 19
(3) Subsection (2) (a) does not apply if the suspect expressly and 20
voluntarily waives his or her right to have an independent person 21
present, but such a person may nevertheless be present if the 22
investigating police officer so directs. 23
[31] Section 17 Non-intimate forensic procedure may be carried out by order 24
of senior police officer 25
Omit "or 19" wherever occurring in section 17 (1) and (5). 26
[32] Section 17 (5) 27
Omit "section 356D of the Crimes Act 1900". 28
Insert instead "section 115 of that Act". 29
Page 9
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
[33] Section 18 Circumstances in which senior police officer may order 1
non-intimate forensic procedure 2
Insert at the end of the section: 3
(2) If the senior police officer needs to decide between taking a 4
sample of the suspect's hair or the carrying out of a 5
self-administered buccal swab, an order for the taking of a sample 6
of hair may not be made unless, following inquiry by the police 7
officer: 8
(a) the suspect has indicated that he or she prefers the taking 9
of a sample of hair, or 10
(b) the suspect has failed to indicate that he or she will carry 11
out a self-administered buccal swab. 12
[34] Section 19 Sample of hair may be taken by order of senior police officer 13
if consent to take sample by buccal swab refused 14
Omit the section. 15
[35] Section 20 16
Omit the section. Insert instead: 17
20 Matters to be considered by senior police officer before ordering 18
non-intimate forensic procedure 19
(1) A senior police officer may not order the carrying out of a 20
non-intimate forensic procedure under section 18 (1) unless 21
satisfied: 22
(a) that the suspect is under arrest, and 23
(b) that the circumstances referred to in subsection (2) or (3) 24
exist, and 25
(c) that the suspect is neither a child nor an incapable person, 26
and 27
(d) that the carrying out of such a procedure is justified in all 28
the circumstances. 29
(2) In the case of a non-intimate forensic procedure involving the 30
taking of a sample of the suspect's hair or the carrying out of a 31
self-administered buccal swab: 32
(a) the act or omission in respect of which the suspect is a 33
suspect must constitute a prescribed offence, and 34
Page 10
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
(b) there must be reasonable grounds to believe that the 1
procedure might produce evidence tending to confirm or 2
disprove: 3
(i) that the suspect has committed the prescribed 4
offence referred to in paragraph (a), or 5
(ii) that the suspect has committed some other 6
prescribed offence. 7
(3) In the case of a non-intimate forensic procedure (other than a 8
procedure involving the taking of a sample of the suspect's hair 9
or the carrying out of a self-administered buccal swab): 10
(a) the act or omission in respect of which the suspect is a 11
suspect must constitute an offence, and 12
(b) there must be reasonable grounds to believe that the 13
procedure might produce evidence tending to confirm or 14
disprove: 15
(i) that the suspect has committed the offence referred 16
to in paragraph (a), or 17
(ii) that the suspect has committed some other offence. 18
[36] Section 21 Making and recording senior police officer's order 19
Omit "or 19" wherever occurring in section 21 (1) and (4). 20
[37] Part 5, heading 21
Insert "on suspects" after "Forensic procedures". 22
[38] Section 23 Circumstances in which Magistrate or other authorised 23
officer may order forensic procedure 24
Omit section 23 (c). Insert instead: 25
(c) the suspect is a child or an incapable person. 26
[39] Section 24 27
Omit sections 24 and 25. Insert instead: 28
24 Final order for carrying out forensic procedure 29
(1) A Magistrate may order the carrying out of a forensic procedure 30
if satisfied on the balance of probabilities: 31
(a) that the circumstances referred to in subsection (2) or (3) 32
exist, and 33
(b) that the carrying out of such a procedure is justified in all 34
the circumstances. 35
Page 11
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
(2) In the case of an intimate forensic procedure, or a non-intimate 1
forensic procedure involving the taking of a sample of the 2
suspect's hair or the carrying out of a self-administered buccal 3
swab: 4
(a) the act or omission in respect of which the suspect is a 5
suspect must constitute a prescribed offence, and 6
(b) there must be reasonable grounds to believe that the 7
procedure might produce evidence tending to confirm or 8
disprove: 9
(i) that the suspect has committed the prescribed 10
offence referred to in paragraph (a), or 11
(ii) that the suspect has committed some other 12
prescribed offence. 13
(3) In the case of a non-intimate forensic procedure (other than a 14
procedure involving the taking of a sample of the suspect's hair 15
or the carrying out of a self-administered buccal swab): 16
(a) the act or omission in respect of which the suspect is a 17
suspect must constitute an offence, and 18
(b) there must be reasonable grounds to believe that the 19
procedure might produce evidence tending to confirm or 20
disprove: 21
(i) that the suspect has committed the offence referred 22
to in paragraph (a), or 23
(ii) that the suspect has committed some other offence. 24
(4) In determining whether or not the carrying out of the forensic 25
procedure is justified in all the circumstances, the Magistrate 26
must balance the public interest in obtaining evidence as to 27
whether or not the suspect committed the alleged offence against 28
the public interest in upholding the suspect's physical integrity, 29
having regard to the following: 30
(a) the gravity of the alleged offence, 31
(b) the seriousness of the circumstances in which the offence 32
is alleged to have been committed, 33
(c) the degree to which the suspect is alleged to have 34
participated in the commission of the offence, 35
(d) the age, cultural background and physical and mental 36
health of the suspect, to the extent to which they are 37
known, 38
(e) in the case of a suspect who is a child or an incapable 39
person, the best interests of the child or person, 40
Page 12
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
(f) such other practicable ways of obtaining evidence as to 1
whether or not the suspect committed the alleged offence 2
as are less intrusive, 3
(g) such reasons as the suspect may have given for refusing to 4
consent to the carrying out of the forensic procedure 5
concerned, 6
(h) in the case of a suspect who is in custody, the period for 7
which the suspect has been in custody and the reasons for 8
any delay in the making of an application for an order 9
under this section, 10
(i) such other matters as the Magistrate considers relevant to 11
the balancing of those interests. 12
[40] Section 26 Application for order 13
Omit section 26 (2) (b). Insert instead: 14
(b) be supported by evidence on oath, or by affidavit, in 15
relation to the matters as to which the Magistrate must be 16
satisfied, as referred to in section 24 (1), and 17
[41] Section 27 Application and order for repeated forensic procedure 18
Insert "or subsequent" after "second" wherever occurring. 19
[42] Section 27 (3) (a) 20
Insert "or procedures" after "procedure". 21
[43] Section 27 (3) (b) 22
Insert "or those forensic procedures" after "that forensic procedure". 23
[44] Section 30 Procedure at hearing of application for order 24
Omit section 30 (2)-(4). Insert instead: 25
(2) A suspect who is a child or an incapable person, or who identifies 26
as an Aboriginal person or Torres Strait Islander: 27
(a) must have an interview friend present, and 28
(b) may be represented by a legal representative. 29
(3) Subsection (2) (a) does not apply to a suspect who identifies as an 30
Aboriginal person or Torres Strait Islander if the suspect 31
expressly and voluntarily waives his or her right to have an 32
interview friend present. 33
Page 13
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
(4) At the beginning of any hearing in relation to proceedings on an 1
application for an order under this Division, the suspect must be 2
asked whether he or she identifies as an Aboriginal person or 3
Torres Strait Islander. 4
[45] Section 30 (8) 5
Omit "subsections (2) and (3)". Insert instead "subsection (2)". 6
[46] Section 32 Interim order for carrying out of a forensic procedure 7
Omit "of the existence of the matters referred to in section 25" from section 32 8
(1) (c). 9
Insert instead ", as referred to in section 24 (1),". 10
[47] Section 32 (4) 11
Omit "of the matters set out in section 25". 12
Insert instead "as referred to in section 24 (1)". 13
[48] Section 33 Application for interim order 14
Omit section 33 (5) and (6). Insert instead: 15
(5) If the suspect (being a child or an incapable person, or being a 16
person who identifies as an Aboriginal person or Torres Strait 17
Islander) is in the presence of the authorised applicant when an 18
application for an interim order is made: 19
(a) the suspect's interview friend, or 20
(b) the suspect's legal representative, 21
must also be present if reasonably practicable. 22
(6) At the beginning of any hearing in relation to proceedings on an 23
application for an order under this Division, the suspect (if 24
present) must be asked whether he or she identifies as an 25
Aboriginal person or Torres Strait Islander. 26
[49] Section 33 (7) 27
Omit "or (6)". 28
[50] Section 33 (8) 29
Omit "subsections (5) and (6)". Insert instead "subsection (5)". 30
Page 14
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[51] Section 47 Use of force in carrying out forensic procedures 1
Insert after section 47 (2): 2
(3) This section applies only to a forensic procedure that is carried 3
out pursuant to an order under Part 4, 5, 7 or 7A. 4
[52] Section 49 Taking of samples of hair 5
Omit section 49 (a). Insert instead: 6
(a) the person takes only so much hair as the person believes 7
is necessary for the analysis of the sample or other 8
examination of the hair, and 9
[53] Section 49A Self-administered buccal swabs 10
Omit the section. 11
[54] Section 50 Persons who may carry out forensic procedures 12
Omit section 50 (4). 13
[55] Section 50, Table 14
Insert "other-administered" before "buccal swab" in the first column of item 3. 15
[56] Section 51A 16
Insert after section 51: 17
51A Self-administered buccal swabs 18
A self-administered buccal swab may be carried out by the 19
suspect in the presence or view of another person, whether of the 20
same sex as the suspect or of the opposite sex. 21
[57] Section 52 Person may get help to carry out forensic procedures 22
Insert after section 52 (3): 23
(4) Subsection (3) applies only in relation to a forensic procedure 24
that is carried out pursuant to an order under Part 4, 5, 7 or 7A. 25
[58] Section 53 Medical practitioner or dentist of suspect's choice may be 26
present for some forensic procedures 27
Omit section 53 (1). Insert instead: 28
(1) A suspect is entitled to request a medical practitioner or dentist 29
(the expert) of his or her choice, as shown in the Table to section 30
50, to be present while: 31
(a) an intimate forensic procedure, or 32
Page 15
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
(b) a non-intimate forensic procedure that involves the taking 1
of an impression or cast of a wound from a part of the 2
suspect's body, 3
is being carried out. 4
Note. Section 99 provides that the request may be made by the 5
suspect's legal representative or interview friend. 6
[59] Section 55 Presence of interview friend or legal representative-- 7
Aboriginal persons and Torres Strait Islanders 8
Omit section 55 (1). Insert instead: 9
(1) This section applies if the suspect (not being a child or an 10
incapable person) identifies as an Aboriginal person or Torres 11
Strait Islander. 12
(1A) For the purpose of determining whether this section applies to a 13
suspect, the investigating police officer must ask the suspect if 14
the suspect identifies as an Aboriginal person or Torres Strait 15
Islander. 16
[60] Section 57 Recording of forensic procedure 17
Omit "(other than the taking of a hand print, finger print, foot print or toe 18
print)" from section 57 (1). 19
[61] Section 57 (1A) 20
Insert after section 57 (1): 21
(1A) Subsection (1) does not apply to: 22
(a) the taking of a hand print, finger print, foot print or toe 23
print, or 24
(b) the taking of a photograph, but only if the taking of such a 25
photograph constitutes a non-intimate forensic procedure. 26
[62] Section 57 (3) 27
Omit "an Aboriginal person or a Torres Strait Islander not covered by section 28
54". 29
Insert instead "a person who identifies as an Aboriginal person or Torres Strait 30
Islander, and is not a child or an incapable person,". 31
Page 16
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[63] Section 57 (5) 1
Omit the subsection. Insert instead: 2
(5) Subsection (4) does not apply if the suspect expressly and 3
voluntarily waives his or her right to have an independent person 4
present, but such a person may nevertheless be present if the 5
investigating police officer so directs. 6
[64] Section 60 7
Omit the section. Insert instead: 8
60 Material to be made available to suspect 9
(1) If material from a sample taken from a suspect is analysed in 10
relation to the investigation of an offence, the investigating police 11
officer must ensure that, if the suspect so requests in writing: 12
(a) a copy of the suspect's DNA profile that has been derived 13
from the sample, and 14
(b) a statement as to whether or not a match has been found, in 15
relation to the investigation, between the suspect's DNA 16
profile and any other DNA profile, 17
are made available to the suspect. 18
(2) A suspect is to be informed of his or her right to make such a 19
request. 20
(3) The requirements of subsection (1) need not be complied with in 21
a manner that would, or at a time when to do so would: 22
(a) prejudice the investigation of any offence, or 23
(b) be a source of embarrassment to a victim of any offence. 24
(4) Despite subsection (3), the requirements of subsection (1) must 25
be complied with a reasonable time before evidence of the 26
suspect's DNA profile, or of any match between the suspect's 27
DNA profile and any other DNA profile, is adduced in any 28
prosecution of the suspect for the offence. 29
Note. Part 13 contains provisions about making copies of material 30
available to the suspect. 31
[65] Section 61 Forensic procedures and offenders to which Part applies 32
Omit section 61 (1). Insert instead: 33
(1) Intimate forensic procedures to which Part applies 34
This Part applies to the following intimate forensic procedures: 35
(a) the taking of a sample of blood, 36
Page 17
Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
(b) the carrying out of an other-administered buccal swab. 1
[66] Section 61 (2) (c) 2
Insert after section 61 (2) (b): 3
(c) the carrying out of a self-administered buccal swab. 4
[67] Section 61 (3) 5
Omit the subsection. 6
[68] Section 62 Non-intimate forensic procedures authorised to be carried 7
out on serious indictable offenders 8
Insert at the end of section 62 (1) (b): 9
, or 10
(c) by order of a court under section 74. 11
[69] Section 63 Intimate forensic procedures authorised to be carried out on 12
serious indictable offenders 13
Omit section 63 (2). 14
[70] Section 64 Authority to take buccal swabs from serious indictable 15
offenders 16
Omit the section. 17
[71] Section 64A 18
Insert before section 65: 19
64A Person to ask whether serious indictable offender identifies as 20
Aboriginal person or Torres Strait Islander 21
Before asking a serious indictable offender to consent to a 22
forensic procedure under this Part, a person must ask the offender 23
whether the offender identifies as an Aboriginal person or Torres 24
Strait Islander. 25
[72] Section 65 Application of Part 6 26
Omit "section 62, 63 or 64" from section 65 (2). 27
Insert instead "section 62 or 63". 28
[73] Section 69 Matters that offender must be informed of before giving 29
consent 30
Omit "(2), (3) or (4)" from section 69 (1) (h). Insert instead "(2) or (3)". 31
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Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[74] Section 69 (1) (j) 1
Insert "and, in particular, that the information may be compared with 2
information from the DNA database systems of other participating 3
jurisdictions" after "Part 11 or 12". 4
[75] Section 69 (2) 5
Omit "if the senior police officer has taken into account the matters set out in 6
section 71". 7
[76] Section 69 (4) 8
Omit the subsection. 9
[77] Section 70 Circumstances in which senior police officer may order 10
non-intimate forensic procedure 11
Omit "has not consented, and" from section 70 (1) (b). 12
Insert instead "has not consented.". 13
[78] Section 70 (1) (c) 14
Omit the paragraph. 15
[79] Section 70 (2) 16
Omit the subsection. Insert instead: 17
(2) If the senior police officer needs to decide between taking a 18
sample of the offender's hair or the carrying out of a 19
self-administered buccal swab, an order for the taking of a sample 20
of hair may not be made unless, following inquiry by the police 21
officer: 22
(a) the offender has indicated that he or she prefers the taking 23
of a sample of hair, or 24
(b) the offender has failed to indicate that he or she will carry 25
out a self-administered buccal swab. 26
[80] Section 71 Matters to be taken into account by senior police officer 27
Omit the section. 28
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
[81] Section 74 Court order for carrying out forensic procedure on serious 1
indictable offender 2
Omit section 74 (1)-(3). Insert instead: 3
(1) A police officer may apply to any court for an order for the 4
carrying out of a forensic procedure to which this Part applies on 5
a serious indictable offender who is serving a sentence of 6
imprisonment in a correctional centre or other place of detention. 7
[82] Section 74 (6) 8
Omit the subsection. 9
[83] Sections 74A and 75 10
Omit section 75. Insert instead: 11
74A Carrying out of forensic procedure following conviction 12
If a court orders the carrying out of a forensic procedure to which 13
this Part applies on a serious indictable offender, the court may 14
order that a police officer, together with a person who, under Part 15
6 as applied by section 65, may carry out the forensic procedure, 16
be permitted to attend on the offender to enable the forensic 17
procedure to be carried out. 18
75 Refusal or failure to permit forensic procedure 19
A serious indictable offender in respect of whom a forensic 20
procedure is ordered to be carried out under section 74 must not, 21
without reasonable excuse, refuse or fail to permit the forensic 22
procedure to be carried out. 23
Maximum penalty: 50 penalty units or 12 months imprisonment, 24
or both. 25
[84] Part 7A 26
Insert after Part 7: 27
Part 7A Carrying out of certain forensic 28
procedures on untested former offenders 29
75A Forensic procedures and offenders to which Part applies 30
(1) Intimate forensic procedures to which Part applies 31
This Part applies to the following intimate forensic procedures: 32
(a) the taking of a sample of blood, 33
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Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
(b) the carrying out of an other-administered buccal swab. 1
(2) Non-intimate forensic procedures to which Part applies 2
This Part applies to the following non-intimate forensic 3
procedures: 4
(a) the taking of a sample of hair other than pubic hair, 5
(b) the carrying out of a self-administered buccal swab. 6
(3) This Part applies to any person: 7
(a) who has served a sentence of imprisonment for a serious 8
indictable offence in a correctional centre or other place of 9
detention, and 10
(b) who is served with a court attendance notice in respect of 11
an indictable offence, 12
if it appears that the person's DNA profile is not contained in the 13
offenders index of the DNA database system (an untested former 14
offender). 15
75B Non-intimate forensic procedures authorised to be carried out on 16
untested former offenders 17
A person is authorised to carry out a non-intimate forensic 18
procedure to which this Part applies on an untested former 19
offender: 20
(a) with the informed consent of the former offender, or 21
(b) by order of a senior police officer under section 75I, or 22
(c) by order of a court under section 75L. 23
75C Intimate forensic procedures authorised to be carried out on 24
untested former offenders 25
A person is authorised to carry out an intimate forensic procedure 26
to which this Part applies on an untested former offender: 27
(a) with the informed consent of the former offender, or 28
(b) by order of a court under section 75L. 29
75D Police officer to ask whether untested former offender identifies as 30
Aboriginal person or Torres Strait Islander 31
Before asking an untested former offender to consent to a 32
forensic procedure under this Part, a police officer must ask the 33
former offender whether the former offender identifies as an 34
Aboriginal person or Torres Strait Islander. 35
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
75E Application of Part 6 1
(1) Part 6 applies to the carrying out of a forensic procedure on an 2
untested former offender under this Part as if the references to the 3
suspect in Part 6 were references to an untested former offender. 4
(2) A person is authorised by section 75B or 75C to carry out a 5
forensic procedure in accordance with Part 6 as applied by this 6
section and not otherwise. 7
75F Informed consent to forensic procedures 8
(1) An untested former offender gives informed consent to the 9
carrying out of a forensic procedure under this Part if the former 10
offender consents to the carrying out of the procedure after a 11
police officer: 12
(a) requests the former offender to consent to the forensic 13
procedure under section 75G, and 14
(b) informs the former offender about the forensic procedure 15
in accordance with section 75H, and 16
(c) gives the former offender the opportunity to communicate, 17
or attempt to communicate, with an Australian legal 18
practitioner of the former offender's choice. 19
(2) The police officer must allow the former offender to 20
communicate, or attempt to communicate, with the Australian 21
legal practitioner in private unless the police officer suspects on 22
reasonable grounds that the former offender might attempt to 23
destroy or contaminate any evidence that might be obtained by 24
carrying out the forensic procedure. 25
Note. Section 103 states that the burden lies on the prosecution to prove 26
on the balance of probabilities that a police officer had a belief on 27
reasonable grounds. 28
75G Police officer may request untested former offender to consent to 29
forensic procedure 30
A police officer may request an untested former offender (other 31
than a child or an incapable person) to consent to a forensic 32
procedure to which this Part applies being carried out on the 33
former offender. 34
75H Matters that untested former offender must be informed of before 35
giving consent 36
(1) The police officer must (personally or in writing) inform the 37
untested former offender of the following: 38
(a) the purpose for which the forensic procedure is required, 39
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Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
(b) if the police officer wants the forensic procedure carried 1
out in relation to an offence--the offence concerned, 2
(c) the way in which the forensic procedure is to be carried 3
out, 4
(d) that the forensic procedure may produce evidence against 5
the former offender that might be used in a court of law, 6
(e) that the forensic procedure will be carried out by a person 7
who may carry out the procedure under Part 6 as applied 8
by section 75E, 9
(f) if the forensic procedure is the taking of a sample of 10
blood--that the former offender may request that a 11
medical officer be present while the blood is taken, 12
(g) that the former offender may refuse consent to the carrying 13
out of the forensic procedure, 14
(h) the consequences of not consenting, as specified in 15
subsection (2) or (3) (whichever is applicable), 16
(i) the effect of section 84 (if applicable), 17
(j) that information obtained from the analysis of forensic 18
material obtained from the carrying out of the forensic 19
procedure may be placed on the DNA database system of 20
this State, or become part of a national DNA matching 21
scheme, or both, and, in particular, that the information 22
may be compared with information from the DNA 23
database systems of other participating jurisdictions. 24
(2) Failure to consent to non-intimate forensic procedure 25
The police officer must (personally or in writing) inform an 26
untested former offender requested to undergo a non-intimate 27
forensic procedure to which this Part applies that, if the former 28
offender does not consent, a senior police officer may order the 29
carrying out of the forensic procedure under section 75I. 30
(3) Failure to consent to intimate forensic procedure 31
The police officer must (personally or in writing) inform an 32
untested former offender requested to undergo an intimate 33
forensic procedure to which this Part applies that, if the former 34
offender does not consent, an application may be made to a court 35
for an order authorising the carrying out of the forensic 36
procedure. 37
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
75I Circumstances in which senior police officer may order 1
non-intimate forensic procedure 2
(1) A senior police officer may order the carrying out of a 3
non-intimate forensic procedure on an untested former offender 4
if: 5
(a) the former offender has been requested under section 75G 6
to consent to the carrying out of the forensic procedure, 7
and 8
(b) the former offender has not consented, and 9
(c) the former offender is under arrest or otherwise in custody. 10
(2) If the senior police officer needs to decide between taking a 11
sample of the former offender's hair or the carrying out of a 12
self-administered buccal swab, an order for the taking of a sample 13
of hair may not be made unless, following inquiry by the police 14
officer: 15
(a) the former offender has indicated that he or she prefers the 16
taking of a sample of hair, or 17
(b) the former offender has failed to indicate that he or she will 18
carry out a self-administered buccal swab. 19
75J Form of consent 20
The consent of an untested former offender to the carrying out of 21
a forensic procedure under this Part is not effective unless: 22
(a) the consent is in writing and in a form containing the 23
particulars prescribed by the regulations, and 24
(b) the consent is signed by the former offender, and 25
(c) the signature is witnessed by a person other than a police 26
officer, and 27
(d) the former offender is given a copy of the consent as soon 28
as practicable after it is signed and witnessed. 29
75K Record of order of senior police officer 30
(1) At the time of, or as soon as practicable after, making an order 31
under section 75I, a senior police officer must make a record of: 32
(a) the order, and 33
(b) the date and time when the order was made, and 34
(c) the reasons for making it, 35
and must sign the record. 36
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Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
(2) The senior police officer must ensure that a copy of the record is 1
made available to the untested former offender as soon as 2
practicable after the record is made. 3
75L Court order for carrying out forensic procedure on untested 4
former offender 5
(1) A police officer may apply to any court for an order for the 6
carrying out of a forensic procedure to which this Part applies on 7
an untested former offender. 8
(2) A court may order the carrying out of a forensic procedure under 9
this section if satisfied that the carrying out of the forensic 10
procedure is justified in all the circumstances. 11
75M Making of order 12
(1) If a court makes an order for the carrying out of a forensic 13
procedure on an untested former offender, the court must: 14
(a) specify the forensic procedure authorised to be carried out, 15
and 16
(b) give reasons for making the order, and 17
(c) ensure that a written record of the order is kept, and 18
(d) order the former offender (if present) to attend for the 19
carrying out of the forensic procedure, and 20
(e) inform the former offender (if present) that reasonable 21
force may be used to ensure that he or she complies with 22
the order for the carrying out of the forensic procedure. 23
(2) The court may give directions as to the time and place at which 24
the procedure is to be carried out. 25
75N Carrying out of forensic procedure on untested former offender in 26
custody 27
If a court orders the carrying out of a forensic procedure to which 28
this Part applies on an untested former offender, the court may 29
order that a police officer, together with a person who, under Part 30
6 as applied by section 75E, may carry out the forensic procedure, 31
be permitted to attend on the former offender to enable the 32
forensic procedure to be carried out. 33
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
75O Refusal or failure to permit forensic procedure 1
An untested former offender in respect of whom a forensic 2
procedure is ordered to be carried out under section 75L must not, 3
without reasonable excuse, refuse or fail to permit the forensic 4
procedure to be carried out. 5
Maximum penalty: 50 penalty units or 12 months imprisonment, 6
or both. 7
[85] Section 76 Carrying out of forensic procedures on volunteers 8
Omit section 76 (1) and (2). Insert instead: 9
(1) In this Act, volunteer means: 10
(a) a person (other than a child or an incapable person) who 11
consents to a request by a police officer for the person to 12
undergo a forensic procedure, or 13
(b) a child who consents, and whose parent or guardian 14
consents, to a request by a police officer for the child to 15
undergo a forensic procedure, or 16
(c) an incapable person whose parent or guardian consents to 17
a request by a police officer for the person to undergo a 18
forensic procedure, 19
but does not include a suspect or an excluded volunteer. 20
(2) A person is authorised to carry out a forensic procedure on a 21
volunteer (other than a child or an incapable person) with the 22
informed consent of the volunteer given in accordance with 23
section 77. 24
(2A) A person is authorised to carry out a forensic procedure on a 25
volunteer who is a child: 26
(a) with the informed consent of the child's parent or 27
guardian, given in accordance with section 77, or 28
(b) if the informed consent of the child's parent or guardian 29
cannot be obtained, by order of a Magistrate under section 30
80, 31
and, in either case, with the informed consent of the child. 32
(2B) A person is authorised to carry out a forensic procedure on a 33
volunteer who is an incapable person: 34
(a) with the informed consent of the person's parent or 35
guardian given in accordance with section 77, or 36
(b) if the informed consent of the person's parent or guardian 37
cannot be obtained, by order of a Magistrate under section 38
80. 39
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Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[86] Section 76 (3) 1
Omit "Subsection (2) (b) (i) does not". 2
Insert instead "Subsections (2A) and (2B) do not". 3
[87] Section 76B 4
Insert after section 76A: 5
76B Police officer to ask whether volunteer identifies as Aboriginal 6
person or Torres Strait Islander 7
Before asking a person to consent to a forensic procedure under 8
this Part, a police officer must ask the person whether he or she 9
identifies as an Aboriginal person or Torres Strait Islander. 10
[88] Section 77 Informed consent of volunteer or parent or guardian of 11
volunteer 12
Insert before section 77 (1) (a): 13
(a1) the purpose for which the forensic procedure is required, 14
(a2) the offence in relation to which the police officer wants the 15
forensic procedure to be carried out, 16
[89] Section 77 (1) (c1) 17
Insert after section 77 (1) (c): 18
(c1) that the forensic procedure will be carried out by an 19
appropriately qualified police officer or person, 20
[90] Section 77 (1) (g) 21
Insert after section 77 (1) (f): 22
(g) the effect of section 84 (if applicable). 23
[91] Section 77 (2) (a) 24
Insert "and, in particular, that the information may be compared with 25
information from the DNA database systems of other participating 26
jurisdictions" after "system". 27
[92] Section 77 (3) 28
Insert after section 77 (2): 29
(3) Any requirement of this section for a volunteer to be given 30
information is taken, in the case of a volunteer who is a child, to 31
be a requirement for the child to be given information in a way 32
that is comprehensible to the child, having regard to his or her age 33
and level of understanding. 34
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
[93] Section 80 Circumstances in which Magistrate may order the carrying 1
out of forensic procedure on child or incapable person 2
Omit section 80 (1) (b) (i). Insert instead: 3
(i) the parent or guardian is a suspect, and 4
[94] Section 87 5
Omit the section. Insert instead: 6
87 Destruction of forensic material taken from offender after 7
conviction quashed 8
(1) This section applies if, after a forensic procedure is carried out on 9
a person who is: 10
(a) a serious indictable offender under Part 7, or 11
(b) an untested former offender under Part 7A, 12
the conviction by virtue of which he or she is such a person (or, 13
if there is more than one such conviction, each of them) is 14
quashed. 15
(2) As soon as practicable after the expiry of the time limited for 16
appealing against the quashing of the conviction or convictions, 17
the police officer in charge of the investigation of the offence 18
must ensure that any forensic material obtained as a result of the 19
carrying out of the procedure is destroyed. 20
[95] Section 90 Definitions 21
Insert "or 7A" after "Part 7" in paragraph (a) of the definition of offenders 22
index. 23
[96] Section 91 Supply of forensic material for DNA database system 24
purposes 25
Insert ", untested former offender" after "offender", and ", 7A" after "Part 7", 26
in paragraph (c) of the definition of permitted forensic material in section 91 27
(3). 28
[97] Section 92 Use of information on DNA database system 29
Insert "for the time being" after "authorised" in section 92 (2). 30
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Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[98] Section 94 Recording, retention and removal of identifying information 1
on DNA database system 2
Omit "must remove any identifying information relating to a DNA profile of 3
an offender on the offenders index of the system" from section 94 (3). 4
Insert instead "must ensure that any identifying information relating to a DNA 5
profile of an offender on the offenders index is removed". 6
[99] Section 95 Definitions 7
Omit the definitions of corresponding law and responsible Minister. 8
Insert instead: 9
corresponding law means: 10
(a) a law of the Commonwealth, or of a State or Territory, that 11
substantially corresponds to Part 11, or 12
(b) such provisions of a law of the Commonwealth, or of a 13
State or Territory, as are declared by the regulations to be 14
a corresponding law for the purposes of this Act. 15
responsible authority, in relation to a participating jurisdiction, 16
means the Minister or other public authority of that jurisdiction 17
who or which is responsible for the administration of a 18
corresponding law within that jurisdiction. 19
[100] Section 95, definition of "DNA database" 20
Omit "DNA database system that is kept under" from paragraph (b). 21
Insert instead "database of DNA profiles that is kept in accordance with". 22
[101] Section 96 Registration of orders 23
Omit "responsible Ministers" from section 96 (1). 24
Insert instead "responsible authorities". 25
[102] Section 97 Database information 26
Omit section 97 (1) and (1A). Insert instead: 27
(1) The Minister may enter into arrangements with a responsible 28
authority of a participating jurisdiction under which: 29
(a) information from the DNA database of this State is to be 30
transmitted to that authority for the purposes of: 31
(i) the investigation of, or the conduct of proceedings 32
for, an offence against the law of this State or the 33
law of the participating jurisdiction, or 34
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
(ii) the identification of missing or deceased persons, 1
and 2
(b) information from a DNA database of the participating 3
jurisdiction is to be transmitted to the Commissioner of 4
Police for the purposes of: 5
(i) the investigation of, or the conduct of proceedings 6
for, an offence against the law of this State or the 7
law of the participating jurisdiction, or 8
(ii) the identification of missing or deceased persons. 9
(1A) Without limiting subsection (1), the Minister may enter into 10
arrangements with a responsible authority of the Commonwealth 11
under which information from the DNA database of this State 12
(this State's information) is transmitted to that authority for the 13
purpose of that authority: 14
(a) comparing the information so transmitted with 15
information supplied to it from the DNA database of a 16
participating jurisdiction (the participating jurisdiction's 17
information), and 18
(b) identifying to the Commissioner of Police or to the 19
responsible person for the DNA database of this State, and 20
to that authority, any matches that are found as a result of 21
the comparison, and 22
(c) transmitting this State's information with respect to those 23
matches to that authority or to the responsible person 24
(however described) for the DNA database of the 25
participating jurisdiction, and 26
(d) transmitting the participating jurisdiction's information 27
with respect to those matches to the Commissioner of 28
Police or to the responsible person for the DNA database 29
of this State. 30
(1B) Such an arrangement may not authorise the comparison of 31
information so as to match DNA profiles in a manner that would 32
contravene section 93 were the information contained wholly 33
within the DNA database of this State. 34
[103] Section 98 Interpreters 35
Omit "or offender" wherever occurring in section 98 (2) (a)-(e). 36
Insert instead ", offender or untested former offender". 37
[104] Section 98 (2) (a)-(e) 38
Omit "or 7" wherever occurring. Insert instead ", 7 or 7A". 39
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Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Crimes (Forensic Procedures) Act 2000 Schedule 1
[105] Section 99 Powers and entitlements of legal representatives and 1
interview friends 2
Omit "if the investigating police officer concerned believes on reasonable 3
grounds that the suspect or offender is" from section 99 (1) (c). 4
Insert instead "if the suspect or offender identifies as". 5
[106] Section 100 Obligation of investigating police officers relating to 6
recordings 7
Omit "if the investigating police officer believes on reasonable grounds that 8
the suspect, offender or volunteer is" from section 100 (2) (c). 9
Insert instead "if the suspect, offender or volunteer identifies as". 10
[107] Section 106 Proof of voluntary waiver of certain rights 11
Insert "a person who identifies as" after "prove that" in section 106 (a). 12
[108] Section 106 (a) 13
Omit "30 (4),". Insert instead "15 (3), 30 (3),". 14
[109] Section 112, heading 15
Omit the heading to the section. Insert instead: 16
112 Application of Act to taking of photographs, hand prints etc 17
[110] Schedule 2 Savings, transitional and other provisions 18
Insert at the end of clause 1 (1): 19
Crimes (Forensic Procedures) Amendment Act 2006 20
[111] Schedule 2, Part 4 21
Insert after Part 3 of Schedule 2: 22
Part 4 Provisions consequent on enactment of 23
Crimes (Forensic Procedures) Amendment 24
Act 2006 25
8 Definition 26
In this Part, the 2006 amending Act means the Crimes (Forensic 27
Procedures) Amendment Act 2006. 28
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Crimes (Forensic Procedures) Amendment Bill 2006
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
9 Application of Part 7A 1
Part 7A applies to and in respect of any person who, after the 2
commencement of that Part, is served with a court attendance 3
notice referred to in section 75A (3) (b), and so applies regardless 4
of when the person served the sentence of imprisonment referred 5
to in section 75A (3) (a). 6
10 Ministerial arrangements under section 97 7
The amendments to section 97 that are made by the 2006 8
amending Act do not affect any arrangement that was in force 9
under that section immediately before the commencement of 10
those amendments. 11
11 Existing consents 12
The amendments to this Act that are made by the 2006 amending 13
Act do not affect any consent that had been given for the purposes 14
of this Act before the commencement of those amendments. 15
Page 32
Crimes (Forensic Procedures) Amendment Bill 2006
Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 Schedule 2
Schedule 2 Amendment of Law Enforcement 1
(Powers and Responsibilities) Act 2002 2
(Section 4) 3
[1] Section 117 Certain times to be disregarded in calculating investigation 4
period 5
Insert after section 117 (1) (m): 6
(n) any time that is reasonably required to carry out a forensic 7
procedure on the person under the Crimes (Forensic 8
Procedures) Act 2000, or to prepare, make and dispose of 9
an application for an order for the carrying out of such a 10
procedure. 11
[2] Section 133 Power to take identification particulars 12
Insert after section 133 (2): 13
(3) This section does not authorise a police officer to take from any 14
person, or to require any person to provide, any sample of the 15
person's hair, blood, urine, saliva or other body tissue or body 16
fluid. 17
(4) Subsection (3) does not affect a police officer's power to take any 18
such sample, or to require the provision of any such sample, for 19
the purposes of, and in accordance with the requirements of, any 20
other Act or law. 21
Note. See, for example, the powers conferred by the Crimes (Forensic 22
Procedures) Act 2000. 23
Page 33
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