South Australian Numbered Acts

CRIMINAL LAW (FORENSIC PROCEDURES) ACT 2007 (NO 5 OF 2007) - SCHEDULE 1

Schedule 1—Related amendments, repeal and transitional provisions

Part 1—Preliminary

1—Amendment provisions

In this Schedule, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

2—Interpretation

In this Schedule—

repealed Act means the Criminal Law (Forensic Procedures) Act 1998 .

Part 2—Related amendments

Division 1—Amendment of Child Sex Offenders Registration Act 2006

3—Repeal of section 29

Section 29—delete the section

Division 2—Amendment of Summary Offences Act 1953

4—Amendment of section 81—Power to search, examine and take particulars of persons

Section 81(4f)—delete subsection (4f)

Part 3—Repeal

5—Repeal of Criminal Law (Forensic Procedures) Act 1998

The Criminal Law (Forensic Procedures) Act 1998 is repealed.

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7—Material obtained in accordance with repealed Act

        (1)         Forensic material obtained as a result of a forensic procedure authorised under Part 2B of the repealed Act will be taken to be forensic material obtained as a result of a forensic procedure authorised under Part 2 Division 1 of this Act.

        (2)         Forensic material obtained as a result of a forensic procedure authorised under Part 3 of the repealed Act (whether authorised by informed consent, the making of an interim order or the making of a final order under that Part) will be taken to be forensic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        (3)         Forensic material obtained as a result of a forensic procedure authorised under Part 3A of the repealed Act will be taken to be forensic material obtained as a result of a forensic procedure authorised under Part 2 Division 3 of this Act.

8—Retention and assimilation orders under repealed Act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.

10—Validation provision

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.