South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 36

36—Order for retention of forensic material obtained by carrying out volunteers and victims procedure on protected person

        (1)         If—

            (a)         forensic material was obtained by carrying out a volunteers and victims procedure on a protected person (within the meaning of Part 2 Division 1); and

            (b)         the relevant person who gave consent to the procedure has requested destruction of the forensic material,

a senior police officer may make an order authorising the retention of the forensic material for a period specified in the order.

        (2)         A senior police officer may make an order under this section if the officer is satisfied that—

            (a)         the person who gave consent, or a person related to or associated with him or her, is suspected of a serious offence; and

            (b)         there are reasonable grounds to suspect that the forensic material to which the application relates could be of probative value in relation to the investigation of the suspected offence; and

            (c)         the order is justified in all the circumstances.

        (3)         If an order is made under this section authorising the retention of forensic material for a specified period, a senior police officer may, on application by a police officer, extend or further extend the specified period.