South Australian Current Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Application of Act
   5.      Extra-territorial operation

   PART 2--Authorisation of forensic procedures

           Division 1--Volunteers and victims procedures

   6.      Interpretation
   7.      Volunteers and victims procedures
   8.      Authorisation by consent of relevant person
   9.      Authorisation by senior police officer
   10.     Withdrawal of consent
   11.     Volunteers and victims procedure not to be carried out on protected person who objects to procedure
   12.     Provision of information

           Division 2--Suspects procedures

   13.     Interpretation
   14.     Suspects procedures
   15.     Application for order
   16.     Conduct of hearing
   17.     Respondent's rights at hearing of application
   18.     Applications of special urgency
   19.     Making of order

           Division 3--Offenders procedures

   20.     Offenders procedures

           Division 4--Blood testing of certain persons for communicable diseases

   20A.    Interpretation
   20B.    Senior police officer may require certain persons to provide blood sample

   PART 3--Carrying out forensic procedures

           Division 1--General provisions on carrying out forensic procedures

   21.     Forensic procedures to be carried out humanely
   22.     Right to be assisted by interpreter
   23.     Duty to observe relevant medical or other professional standards
   24.     Who may carry out forensic procedure
   25.     Right to have witness present
   26.     Audiovisual record of intrusive procedures to be made
   27.     Exemption from liability

           Division 2--Special provisions relating to suspects and offenders procedures

   28.     Application of Division
   29.     Police officer may issue directions
   30.     Warnings to be given by police officer
   31.     Use of force
   32.     Obstruction

   PART 4--How forensic material is to be dealt with

           Division 1--Access to forensic material

   33.     Person to be given sample of material for analysis following suspects or offenders procedure

           Division 2--Analysis of certain material

   34.     Hair samples
   34A.    Forensic material obtained under Part 2 Division 4

           Division 3--Retention and assimilation orders

   35.     Interpretation
   36.     Order for retention of forensic material obtained by carrying out volunteers and victims procedure on protected person
   37.     Order for forensic material obtained by volunteers and victims procedure to be treated as if obtained by suspects procedure
   38.     General provisions relating to applications under this Division

           Division 4--Destruction of certain forensic material

   39.     Destruction of forensic material obtained by carrying out volunteers and victims procedure
   39A.    Destruction of forensic material obtained under Part 2 Division 4

   PART 5--The DNA database system

   40.     Interpretation
   41.     Commissioner may maintain DNA database system
   42.     Storage of information on DNA database system
   43.     Specific consent required for storage of DNA profile on a volunteers index
   44.     Storage of information on suspects/offenders index following assimilation order
   45.     Access to and use of DNA database system
   46.     Removal of information from DNA database system

   PART 6--Evidence

   47.     Effect of non-compliance on admissibility of evidence
   48.     Admissibility of evidence of denial of consent, obstruction etc
   48A.    Inadmissibility of evidence relating to forensic procedure under Part 2 Division 4
   49.     Evidentiary certificates

   PART 7--Miscellaneous

   50.     Confidentiality
   50A.    Release and disclosure for scientific purposes
   51.     Restriction on publication
   52.     State Records Act 1997 not to apply
   53.     Forensic material lawfully obtained in another jurisdiction
   54.     Subsequent procedure where insufficient material obtained
   55.     Power to require forensic procedure on deceased person
   56.     Arrangements with other jurisdictions
   57.     Compliance audits
   58.     Regulations
           SCHEDULE 1--Transitional provisions
           Legislative history