New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActCrimes (Forensic Procedures) Amendment Act 2002Crimes (Forensic Procedures) Amendment Act 2006Crimes (Forensic Procedures) Amendment Act 2007Crimes (Forensic Procedures) Amendment Act 2008Crimes (Forensic Procedures) Amendment Act 2009
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) This Act does not apply in respect of the carrying out of a forensic procedure on a person--(a) arrested for an offence, or(b) charged with an offence, or(c) summonsed to appear before a court in relation to an offence,before the commencement of this clause.
(2) Section 353A (3A) and (3B) of the Crimes Act 1900 continue to apply to and in respect of the taking of samples of the blood, saliva and hair of a person taken into lawful custody before the commencement of this clause.
(1) Nothing in this Act prevents a DNA profile derived from forensic material found, or obtained from the carrying out of a forensic procedure, before the commencement of this clause from being placed on the appropriate index of the DNA database system.
(2) However, information obtained from analysis of forensic material taken from a volunteer before that commencement is not to be placed on the DNA database system unless the volunteer (or in the case of a child or an incapable person, a parent or guardian of the volunteer) has been informed of the matters set out in section 77 (2).
In this Part,
"amending Act" means the Crimes (Forensic Procedures) Amendment Act 2002 .
The amendment made by Schedule 1 [9[#93] to the amending Act extends to circumstances where forensic material is lost or became unavailable for analysis before the commencement of the amendment.
The amendment made by Schedule 1 [15[#93] to the amending Act does not apply to an application made but not dealt with before the commencement of the amendment.
The amendments made by Schedule 1 [16[#93]-[20[#93] to the amending Act extend to applications and orders made before the commencement of the amendments.
In this Part,
"the 2006 amending Act" means the Crimes (Forensic Procedures) Amendment Act
2006 .
Part 7A applies to and in respect of any person who, after the commencement of that Part, is served with a court attendance notice referred to in section 75A (3) (b), and so applies regardless of when the person served the sentence of imprisonment referred to in section 75A (3) (a).
The amendments to section 97 that are made by the 2006 amending Act do not affect any arrangement that was in force under that section immediately before the commencement of those amendments.
The amendments to this Act that are made by the 2006 amending Act do not affect any consent that had been given for the purposes of this Act before the commencement of those amendments.
Each of the following arrangements is taken to have been validly entered into under section 97 (1), as substituted by the Crimes (Forensic Procedures) Amendment Act 2008 , on and from the date the arrangement was entered into--
(a) the arrangement entitled " Section 97 (1) New South Wales/Commonwealth Arrangement " signed by the Attorney General and the Minister for Justice and Customs of the Commonwealth and dated 25 November 2003,
(b) the arrangement entitled " Crimes (DNA Database) (Reciprocal Access--New South Wales and Queensland) Arrangement " signed by the Attorney General and the Minister for Police and Corrective Services of Queensland and dated 16 May 2005,
(c) the arrangement entitled " Arrangement for the Transmission of DNA Database Information to and from New South Wales and the CrimTrac Agency of the Commonwealth " signed by the Attorney General and the Chief Executive Officer of CrimTrac and dated 28 February 2007,
(d) the arrangement entitled " New South Wales and Western Australia Ministerial Arrangement for the Transmission of DNA Database Information " signed by the Attorney General and the Minister for Police and Emergency Services of Western Australia and dated 19 July 2007,
(e) the arrangement entitled " New South Wales and Australian Capital Territory Ministerial Arrangement for the Transmission of DNA Database Information " signed by the Attorney General and the Attorney General of the Australian Capital Territory and dated 20 July 2007,
(f) the arrangement entitled " New South Wales and Victoria Ministerial Arrangement for the Transmission of DNA Database Information " signed by the Attorney General and the Attorney General of Victoria and dated 13 August 2007,
(g) the arrangement entitled " New South Wales and Tasmania Ministerial Arrangement for the Transmission of DNA Database Information " signed by the Attorney General and the Minister for Justice and Workplace Relations of Tasmania and dated 17 September 2007,
(h) the arrangement entitled " New South Wales and South Australia Ministerial Arrangement for the Transmission of DNA Database Information " signed by the Attorney General and the Attorney General of South Australia and dated 19 February 2008.
Part 8A applies to a forensic procedure carried out after the commencement of that Part and so applies regardless of when the offence to which the forensic procedure relates was committed.
Section 87, as substituted by the Crimes (Forensic Procedures) Amendment Act 2009 , extends to a conviction set aside or quashed before the commencement of that substitution.
(1) A police officer who had completed a training course in carrying out forensic procedures conducted by the NSW Police Force before carrying out a forensic procedure is taken to have been appropriately qualified to carry out the forensic procedure.
(2) This clause applies only to forensic procedures carried out before 24 December 2013.