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Crimes (Validation of Orders) Bill
Circulation Print
EXPLANATORY MEMORANDUM
Clause 1 sets out the purpose of the Bill, which is to amend the Crimes
Act 1958 to validate certain orders purported to have been made
for the taking of forensic samples from offenders.
Clause 2 provides for the commencement of the Act, which is the day after
the day of Royal Assent.
Clause 3 inserts a new section 464ZL. Section 464ZF of the Crimes Act
1958 sets out the procedure by which the police can apply to the
Magistrates' Court for an order allowing them to take a forensic
sample from a person convicted of a "forensic sample offence"
who is serving a term of imprisonment. In the case of Lednar,
O'Brien and Hill v The Magistrates' Court and the Chief
Commissioner of Police (Victoria) (No. 6292 of 2000) the
Supreme Court ruled that the hearing of such applications in
chambers did not comply with the requirement in section 125 of
the Magistrates' Court Act 1989 that all proceedings be heard
in open court.
Sub-section (1) of new section 464ZL provides that an order
made under section 464ZF(3) of the Crimes Act 1958 by a
Magistrate not sitting in open court or not constituting the
Magistrates' Court, will have the same force as if the order had
been made by the Magistrates' Court in open court.
Sub-section (2) of new section 464ZL provides that the rights of
the parties in the case of Lednar, O'Brien and Hill v The
Magistrates' Court and the Chief Commissioner of Police
(Victoria) (No. 6292 of 2000) will not be affected by the Bill.
541202 BILL LA CIRCULATION 8/6/2001
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