South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SECT 54

54—Subsequent procedure where insufficient material obtained

        (1)         If forensic material obtained as a result of a suspects procedure or an offenders procedure proves to be insufficient—

            (a)         in the case of an intrusive forensic procedure authorised by order under Part 2 Division 2—that procedure may be carried out again if a new order authorising the procedure is made; or

            (b)         in any other case—that procedure may be carried out again without any further authorisation under this Act.

        (2)         Without limiting subsection (1), forensic material may prove to be insufficient if the material has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the material, as a consequence of—

            (a)         the loss, destruction or contamination of the whole or any part of the material; or

            (b)         any damage to the whole or a part of the material; or

            (c)         the use of the whole or a part of the material for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable.