Western Australian Current Acts

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CRIMINAL INVESTIGATION (IDENTIFYING PEOPLE) ACT 2002 - SECT 8

8 .         Procedures for obtaining material from which to obtain specific identifying particulars

        (1)         Material from which to obtain the DNA profile of a person may be obtained by doing one or, subject to section 59, more than one of the following procedures in the following order —

            (a)         by doing one or both of these non-intimate identifying procedures —

                  (i)         taking a buccal swab from the person;

                  (ii)         taking a sample of the person’s hair (including the roots), other than pubic hair;

            (b)         by doing one or both of these intimate identifying procedures —

                  (i)         taking a sample of the person’s blood;

                  (ii)         taking a sample of the person’s pubic hair (including the roots).

        (2)         Without limiting subsection (1) material from which to obtain the DNA profile of a deceased person may be obtained by taking any body tissue (including bone or teeth) from the person.

        (3)         A person must not use a procedure in subsection (1) to obtain material from a person unless it is impracticable to use a procedure listed before that procedure.

        (4)         The regulations, in relation to any specific identifying particular of a person prescribed under section 17, 23, 34, 47 or 52A

            (a)         may specify one or more identifying procedures that may be done on the person to obtain bodily material for the purpose of obtaining that identifying particular of the person; and

            (b)         in relation to an identifying procedure so specified, may provide that the procedure must not be used to obtain bodily material from the person unless it is impracticable to use another specified procedure.

        [Section 8 amended: No. 22 of 2013 s. 7.]



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