New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION FURTHER AMENDMENT ACT 2000 - SCHEDULE 4

SCHEDULE 4 – Amendment of Crimes (Forensic Procedures) Act 2000

(Section 6)

[1] Section 3 Interpretation

Insert in alphabetical order in section 3 (1):

"authorised justice" has the same meaning as in section 3 of the Search Warrants Act 1985 .

Note: "Authorised justice" is defined in section 3 of the Search Warrants Act 1985 to mean:

(a) a Magistrate, or

(b) a justice of the peace who is a Clerk of a Local Court or the registrar of the Drug Court, or

(c) a justice of the peace who is employed in the Attorney General's Department and who is declared (whether by name or by reference to the holder of a particular office), by the Attorney General by instrument in writing or by order published in the Gazette, to be an authorised justice for the purposes of that Act.

[2] Section 3 (1), definition of "order"

Omit "a Magistrate" from paragraph (c) of the definition.
Insert instead "an authorised justice".

[3] Section 3 (1), definition of "time out"

Omit "or Magistrate" from paragraph (k) of the definition.
Insert instead "or a Magistrate or other authorised justice".

[4] Sections 5 and 6

Insert "or an authorised justice" after "Magistrate" wherever occurring in the Tables to the sections.

[5] Sections 13 (4), (5), (6) and (7), 14 (b), 39, 40 (1), 41 (1), (3) and (4), 42 (1) (a) and 98 (2) (c)

Insert "or other authorised justice" after "Magistrate" wherever occurring.

[6] Part 5, heading

Insert "or other authorised justice" after "Magistrate".

[7] Section 22 Forensic procedure may be carried out by order of Magistrate or other authorised justice

Omit "by order of a Magistrate under section 24, 27 or 32".
Insert instead "by order of a Magistrate under section 24 or 27, or by order of an authorised justice under section 32".

[8] Section 23 Circumstances in which Magistrate or other authorised justice may order forensic procedure

Omit "A Magistrate may, under section 24 or 32, order".
Insert instead "An order may be made by a Magistrate under section 24, or by an authorised justice under section 32, for"

[9] Sections 32 (1) and 35 (1) and (3)

Omit "A Magistrate" wherever occurring.
Insert instead "An authorised justice".

[10] Sections 32 (1), 34 and 36 (2)

Omit "the Magistrate" wherever occurring.
Insert instead "the authorised justice".

[11] Section 33 Application for interim order

Omit "a Magistrate" from section 33 (1).
Insert instead "an authorised justice".

[12] Section 35 Making of interim order

Omit "the Magistrate" from section 35 (3). Insert instead "a Magistrate".

[13] Section 36 Records of application and interim order

Omit "Magistrate's" wherever occurring in section 36 (1) (e), (3), (4), (5) and (6).
Insert instead "authorised justice's".

[14] Sections 36 (3) and (4)

Omit "Magistrate" wherever occurring. Insert instead "authorised justice".

[15] Part 5, Division 4, heading

Insert "or other authorised justice" after "Magistrate".

[16] Section 91 Supply of forensic material for DNA database system purposes

Omit "and who is subsequently convicted of the offence" from paragraph (b) of the definition of "permitted forensic material" in section 91 (3).

[17] Section 107 Liability for forensic procedures

Omit "or Magistrate" from section 107 (b).
Insert instead "or a Magistrate or other authorised justice".

[18] Schedule 1 Amendments

Insert "(other than an interim order)" after "order" in section 104 (6) (a) of the Justices Act 1902 (as proposed to be inserted by Schedule 1.2).