Victorian Current Acts

CRIMES ACT 1958 - SECT 464SF

    (1)     Before a senior police officer gives or refuses to give an authorisation under section 464SE, the senior police officer must allow a reasonable opportunity, if practicable in person, for the following persons to inform the senior police officer whether there is any reason why the DNA profile sample should not be taken—

        (a)     the DNA person;

        (b)     the parent or guardian of the DNA person if the DNA person is a child;

        (c)     the DNA person's legal practitioner, if any.

    (2)     An authorisation under section 464SE must be given in writing, be signed by the senior police officer giving it and include—

        (a)     the date and time when the authorisation is given; and

        (b)     the grounds for giving the authorisation.

Note

The Electronic Transactions (Victoria) Act 2000 applies to enable an authorisation to be given electronically, including facsimile transmission and email, in accordance with that Act.

    (3)     The senior police officer must give, or cause another police officer to give, to the DNA person a copy of the authorisation as soon as practicable after the authorisation is made and, in any event, before the taking of the DNA profile sample.

    (4)     Before the DNA profile sample is taken, a police officer must inform the DNA person orally and in person of the following—

        (a)     that an authorisation under section 464SE has been given;

        (b)     the matters referred to in subsection (2)(a) and (b);

        (c)     that a police officer may use reasonable force to enable the DNA profile sample to be taken.

    (5)     The person who gives the information required to be given by subsection (4) must—

        (a)     record, or cause to be recorded, the giving of that information by audio recording or audiovisual recording; and

        (b)     give or send by registered post, or cause to be given or sent by registered post without charge, a copy of the recording as soon as practicable, but not more than 7 days after the taking of the DNA profile sample to—

              (i)     the DNA person or their legal practitioner; or

              (ii)     the parent or guardian of a DNA person who is a child if the child's legal practitioner is not known.

    (6)     If a senior police officer refuses to give an authorisation under section 464SE in respect of a DNA person, the senior police officer must—

        (a)     inform, or cause another police officer to inform, the DNA person orally of the decision as soon as practicable after the refusal; and

        (b)     give written notice of the decision to the DNA person within 7 days after the refusal and to the parent or guardian of a DNA person who is a child.

    (7)     A failure of the senior police officer or a police officer to comply with this section does not invalidate any authorisation made by the senior police officer but constitutes non-compliance for the purposes of section 464ZE(1)(a).

S. 464T inserted by No. 84/1989 s. 5, amended by No. 84/1989 s. 7(c), substituted by No. 129/1993 s. 7.