New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 27

27 Application and order for repeated forensic procedure

(1) An authorised applicant (but no other person) may apply to a Magistrate for an order under this section authorising him or her to arrange the carrying out for a second or subsequent time of a forensic procedure on a suspect on whom a forensic procedure has already been carried out by order of a Magistrate under section 24.

(2) The application for the order must--

(a) be made in writing, and

(b) specify the type of forensic procedure carried out and the grounds for authorising it to be carried out a second or subsequent time, and

(c) be supported by evidence on oath or by affidavit.

(3) A Magistrate may order the carrying out for a second or subsequent time of a forensic procedure on a suspect under this section if the Magistrate is satisfied that--

(a) the forensic procedure or procedures already carried out on the suspect was authorised by an order under section 24 and was carried out in accordance with Part 6, and

(b) the forensic material obtained as a result of the carrying out of that forensic procedure or those forensic procedures is insufficient for analysis, has been contaminated, has been lost or is for any other reason not available for analysis, and

(c) the carrying out of the forensic procedure for a second or subsequent time is justified in all the circumstances.