South Australian Current Acts South Australian Current ActsSchedule 1—Transitional provisions
Part 4—Transitional provisions
6—Retention of fingerprints etc obtained in accordance with
Summary Offences Act 1953
Where photographs, prints or recordings have, before the commencement of Part
2 Division 2 of this Schedule, been taken in respect of a person under
section 81(4) of the Summary Offences Act 1953 , or a person has
supplied a sample of his or her handwriting under that subsection, any
requirement to destroy that material under subsection (4f) of that
section will be taken not to apply to the material and to have never applied
to the material.
7—Material obtained in accordance with repealed Act
(1) Forensic material
obtained as a result of a forensic procedure authorised under Part 2B of
the repealed Act will be taken to be forensic material obtained as a result of
a forensic procedure authorised under Part 2 Division 1 of this Act.
(2) Forensic material
obtained as a result of a forensic procedure authorised under Part 3 of
the repealed Act (whether authorised by informed consent, the making of an
interim order or the making of a final order under that Part) will be taken to
be forensic material obtained as a result of a forensic procedure authorised
under Part 2 Division 2 of this Act.
(3) Forensic material
obtained as a result of a forensic procedure authorised under Part 3A of
the repealed Act will be taken to be forensic material obtained as a result of
a forensic procedure authorised under Part 2 Division 3 of this Act.
8—Retention and assimilation orders under repealed Act
(1) An order made
under section 43 of the repealed Act that is in force on the commencement
of this clause will be taken to be an order under section 36 of this Act.
(2) An order made
under section 44 of the repealed Act that is in force on the commencement
of this clause will be taken to be an order under section 37 of this Act.
9—Continuation of DNA database system
(1) The
DNA database system maintained by the Commissioner under the repealed Act
forms part of the DNA database system under this Act.
(2) Information that
was, immediately before the commencement of this clause, stored on the
suspects index or the offenders index of the DNA database system maintained by
the Commissioner under the repealed Act will be taken to be stored on the
suspects/offenders index of the DNA database system under this Act.
For the purposes of any proceedings, contravention of a requirement of
section 40, 44C, 44D or 46C of the repealed Act in relation to a forensic
procedure, forensic material or a DNA profile derived from forensic material
will be taken not to be contravention of a requirement of the repealed Act and
will not affect the admissibility of any evidence obtained from, or relating
to, the procedure, material or DNA profile.