Victorian Current Acts Victorian Current ActsS. 464ZA(1)
amended by No. 81/1997
s. 22(1)(a)(b) , substituted by No. 41/2004
s. 14(2), amended by Nos 13/2010 s. 51(Sch. item 17.7), 37/2014
s. 10(Sch. item 36.33(a)), 3/2019 s. 58(2)(c).
(1) If—
(a) a senior police officer gives an authorisation under section 464SA for the conduct of a non-intimate compulsory procedure; or
S. 464ZA(1)(ab) inserted by No. 3/2019 s. 58(1).
(ab) a senior police officer gives an authorisation under section 464SE for the taking of a DNA profile sample; or
S. 464ZA(1)(ac) inserted by No. 3/2019 s. 58(1).
(ac) a senior police officer gives an authorisation under section 464ZFAE for the taking of a DNA profile sample from a person; or
(b) a court makes an order under section 464T(3), 464U(7) or 464V(5) for the conduct of a compulsory procedure; or
S. 464ZA(1)(c) amended by Nos 27/2006 s. 6(a). 25/2017 s. 51(2)(a).
(c) a court makes an order under section 464ZF or 464ZFAAA for the conduct of a forensic procedure; or
S. 464ZA(1)(d) inserted by No. 25/2017 s. 51(2)(b), amended by No. 3/2019 s. 58(2)(a).
(d) a police officer directs that a DNA profile sample be taken from a person under section 464ZFAB; or
S. 464ZA(1)(e) inserted by No. 3/2019 s. 58(2)(b).
(e) a senior police officer authorises the taking of a DNA profile sample from a person under section 464ZFAC or 464ZFAE—
a police officer, with such assistance as he or she considers necessary, may use reasonable force to assist a medical practitioner, nurse, midwife, dentist or person authorised under section 464Z to take the sample or conduct the procedure.
S. 464ZA(2) amended by No. 37/2014 s. 10(Sch. item 36.33(b)).
(2) If practicable, a police officer acting in accordance with subsection (1) and any person assisting the police officer—
S. 464ZA(2)(a) amended by No. 3/2019 s. 58(3).
(a) must be of the same sex as the person from whom the sample is to be taken or on whom the procedure is to be conducted; and
(b) must not be involved in investigating the offence for which the procedure is required.
(3) If the Children's Court makes an order under section 464U(7) or 464V(5), a parent or guardian of the child or, if a parent or guardian cannot be located, an independent person of the same sex, if practicable, as the child must be present during the conduct of a compulsory procedure on the child.
S. 464ZA(3A) inserted by No. 3/2019 s. 58(4).
(3A) The taking of a DNA profile sample (other than a scraping from the person's mouth taken by that person)—
(a) must be recorded by audiovisual recording, if practicable; or
(b) must be witnessed by an independent medical practitioner or independent nurse.
S. 464ZA(4) amended by No. 16/2002 s. 8(1).
(4) The taking of an intimate sample (other than a blood sample or a scraping from a person's mouth taken by that person) or the examination of an intimate part of the body in accordance with the order of a court—
S. 464ZA(4)(a) amended by No. 27/2006 s. 17(25).
(a) must be recorded by audiovisual recording, if practicable and if the person on whom the procedure is to be conducted consents; or
S. 464ZA(4)(b) amended by Nos
81/1997
s. 19(6)(a)(b), 13/2010 s. 51(Sch. item 17.8).
(b) must be witnessed by an independent medical practitioner or independent nurse or independent midwife or, if a dental impression is to be taken, an independent dentist or the medical practitioner, nurse, midwife or dentist chosen by the person to be present at the procedure.
S. 464ZA(5) amended by Nos
81/1997
s. 22(2), 16/2002 s. 8(2), 41/2004 s. 14(3), 27/2006
s. 17(26).
(5) All other compulsory or forensic procedures (except a scraping from a person's mouth taken by that person) conducted in accordance with the authorisation of a senior police officer or the order of a court must be recorded by audiovisual recording, if practicable, or witnessed by an independent person.
S. 464ZA(6) substituted by No.
81/1997
s. 22(3), amended by Nos 41/2004 s. 14(4)(a), 27/2006
s. 6(b), 25/2017 s. 51(3), 3/2019 s. 58(5)(a).
(6) After an authorisation under section 464SA, 464SE, 464ZFAC or 464ZFAE or an order under section 464T(3), 464U(7), 464V(5), 464ZF or 464ZFAAA or a direction under section 464ZFAB is executed—
S. 464ZA(6)(a) amended by Nos 41/2004 s. 14(4)(b), 27/2006 s. 17(27), 37/2014 s. 10(Sch. item 36.33(c)), 3/2019 s. 58(5)(b).
(a) if the taking of the sample or the procedure was recorded by audiovisual recording, the person who recorded the conduct of the procedure, or the police officer who witnessed the conduct of the procedure, must endorse on the authorisation or order his or her own name and sign the endorsement; or
S. 464ZA(6)(b) amended by Nos 41/2004 s. 14(4)(b), 13/2010 s. 51(Sch. item 17.9), 3/2019 s. 58(5)(c).
(b) if an independent medical practitioner, nurse, midwife, dentist or other person witnessed the taking of the sample or the conduct of the procedure, the witness must endorse on the authorisation or order his or her own name and sign the endorsement.
S. 464ZA(6A) inserted by No.
81/1997
s. 22(3), amended by Nos 41/2004 s. 14(5), 37/2014
s. 10(Sch. item 36.33(c)), 3/2019 s. 58(6).
(6A) A police officer must give a copy of the authorisation or order so endorsed to the person from whom the sample was taken or on whom the procedure was conducted.
S. 464ZA(7) amended by Nos
81/1997
s. 22(4), 41/2004 s. 14(6)(a)(b), 27/2006 s. 17(28),
substituted by No. 3/2019 s. 58(7).
(7) If a DNA profile sample taken in accordance with an authorisation or a direction, or a compulsory procedure or a forensic procedure conducted in accordance with an authorisation of a senior police officer or an order of a court, is recorded by audiovisual recording, the applicant for the authorisation, direction or order must—
(a) without charge; and
(b) as soon as practicable but not more than 7 days after the procedure was conducted or the sample was taken—
give or send by registered post a copy of the audiovisual recording to the person from whom the sample was taken or on whom the procedure was conducted or to the person's legal practitioner.
S. 464ZA(8) inserted by No. 3/2019 s. 58(7).
(8) If the person referred to in subsection (7) from whom the sample was taken or on whom the procedure was conducted was a child, the applicant for the authorisation or order must also give or send by registered post a copy of the audiovisual recording to the parent or guardian of the child if the child's legal practitioner is not known.
S. 464ZB inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7.