CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - made under the Crimes (Forensic Procedures) Act 2000 - TABLE OF PROVISIONS 1. Name of regulation 2. Dictionary 3. Notes 4. Appropriately qualified persons 5. Use or disclosure of information on DNA databases--Act, s 96 (2) (d), 6. Corresponding law--Act, s 100, def of corresponding law SCHEDULE 1 SCHEDULE 2 DICTIONARY CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 1 Name of regulation This regulation is the Crimes (Forensic Procedures) Regulation 2000. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 2 Dictionary The dictionary at the end of this regulation is part of this regulation. Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation. Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 3 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 4 Appropriately qualified persons For the Act, section 13, a person mentioned in an item in schedule 1 is qualified to carry out a forensic procedure mentioned in the item. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 5 Use or disclosure of information on DNA databases--Act, s 96 (2) (d), s 111 (2) (a) and (d) (1) A person may access information on the ACT DNA database for the purpose of, and in accordance with, an arrangement entered into under the Act, section 102 (Database information) for the provision of access to information on the database by an authorised person. (2) A person may disclose information on the ACT DNA database-- (a) for the purpose of forensic comparison by an authorised person in the course of-- (i) a criminal investigation; or (ii) an investigation by a police officer relating to a missing or dead person; or (b) for the purpose of, and in accordance with, an arrangement entered into under the Act, section 102 for the provision of access to information on the database by an authorised person. (3) In this section: "authorised person" means a person who-- (a) is engaged or employed by a forensic laboratory that is accredited with the National Association of Testing Authorities of Australia; and (b) in that capacity, provides forensic services to law enforcement officers of the Territory, the Commonwealth or a State. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - REG 6 Corresponding law--Act, s 100, def of corresponding law (1) The following laws are declared to be corresponding laws: (a) the Crimes Act 1914 (Cwlth); (b) the Crimes (Forensic Procedures) Act 2000 (NSW); (c) the Crimes Act 1958 (Vic), part 3, division 1, subdivision 30A; (d) the Police Powers and Responsibilities Act 2000 (Qld), chapter 8; (e) the Criminal Investigation (Identifying People) Act 2002 (WA); (f) the Criminal Law (Forensic Procedures) Act 2007 (SA); (g) the Forensic Procedures Act 2000 (Tas); (h) the Juvenile Justice Act 1983 (NT), sections 31, 31A, 31B, 51 and 70B; (i) the Police Administration Act 1978 (NT), part 7, division 7. (2) Without limiting subsection (1), the provisions of corresponding laws mentioned in an item in schedule 2 are taken to substantially correspond to the provision of the Act mentioned in the item. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - SCHEDULE 1 Schedule 1 Appropriately qualified persons (see s 4) column 1 item column 2 forensic procedure column 3 appropriately qualified people for procedure 1 external examination of--o genital or anal areao buttockso breasts of female or transgender or intersex person who identifies as female o forensic scientisto forensic technician 2 taking sample of saliva or sample by buccal swab o forensic scientisto forensic techniciano police officer 3 taking photograph or video recording of, or impression or cast of, wound from--o genital or anal areao buttockso breasts of female or transgender or intersex person who identifies as female o forensic scientisto forensic technician 4 external examination of part of body (other than--o genital or anal areao buttockso breasts of female or transgender or intersex person who identifies as female)that requires touching of body or removal of clothing o forensic scientisto forensic techniciano police officer 5 taking sample of hair (other than pubic hair) o forensic scientisto forensic technician o police officer 6 taking sample from nail or from under nail o forensic scientisto forensic technician 7 taking sample by swab or washing from any external part of body (other than--o genital or anal areao buttockso breasts of female or transgender or intersex person who identifies as a female) o forensic scientisto forensic technician 8 taking sample by vacuum suction, scraping or lifting by tape from any external part of body (other than--o genital or anal areao buttockso breasts of female or transgender or intersex person who identifies as female) o forensic scientisto forensic technician 9 taking handprint, fingerprint, footprint or toeprint o forensic scientisto forensic techniciano police officer 10 taking photograph or video recording of, or impression or cast of wound from, external part of body (other than--o genital or anal areao buttockso breasts of female or transgender or intersex person who identifies as female) (a) for a photographo doctoro forensic scientisto forensic techniciano police officer(b) for an impression or cast of a woundo doctoro forensic scientisto forensic technician Note People mentioned in col 3 as appropriately qualified for the applicable procedure are additional to those mentioned in the Act, s 53. CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - SCHEDULE 2 Schedule 2 Corresponding provisions (see s 5) column 1item column 2ACT Act provision column 3correspondingprovisions 1 part 2.3 (Forensic procedures by consent of suspect) o Crimes Act 1914 (Cwlth), part 1D, division 3 o Crimes (Forensic Procedures) Act 2000 (NSW), part 3 o Forensic Procedures Act 2000 (Tas), part 2, divisions 1 and 2 2 part 2.4 (Non-intimate forensic procedures on suspect by order of a police officer) o Crimes Act 1914 (Cwlth), part 1D, division 4 o Crimes (Forensic Procedures) Act 2000 (NSW), part 4 o Forensic Procedures Act 2000 (Tas), part 2, divisions 1 and 3 3 part 2.5 (Forensic procedures on suspect by order of a magistrate) o Crimes Act 1914 (Cwlth), part 1D, division 5 o Crimes (Forensic Procedures) Act 2000 (NSW), part 5 o Forensic Procedures Act 2000 (Tas), part 2, divisions 1, 4 and 5 4 part 2.6 (Carrying out forensic procedures) o Crimes Act 1914 (Cwlth), part 1D, division 6 o Crimes (Forensic Procedures) Act 2000 (NSW), part 6 o Forensic Procedures Act 2000 (Tas), part 5 5 part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders) o Crimes Act 1914 (Cwlth), part 1D, division 6A o Crimes (Forensic Procedures) Act 2000 (NSW), part 7 o Forensic Procedures Act 2000 (Tas), part 3 6 part 2.8 (Carrying out of forensic procedures on volunteers and certain other people) o Crimes Act 1914 (Cwlth), part 1D, division 6B o Crimes (Forensic Procedures) Act 2000 (NSW), part 8 o Forensic Procedures Act 2000 (Tas), part 4 7 part 2.9 (Admissibility of evidence) o Crimes Act 1914 (Cwlth), part 1D, division 7 o Crimes (Forensic Procedures) Act 2000 (NSW), part 9 o Forensic Procedures Act 2000 (Tas), part 6 8 part 2.10 (Destruction of forensic material) o Crimes Act 1914 (Cwlth), part 1D, division 8 o Crimes (Forensic Procedures) Act 2000 (NSW), part 10 o Forensic Procedures Act 2000 (Tas), part 7 9 part 2.11 (ACT DNA database) o Crimes Act 1914 (Cwlth), part 1D, division 8A o Crimes (Forensic Procedures) Act 2000 (NSW), part 11 o Forensic Procedures Act 2000 (Tas), part 8 10 part 2.13 (Interstate enforcement) o Crimes Act 1914 (Cwlth), part 1D, division 11 o Crimes (Forensic Procedures) Act 2000 (NSW), part 12 o Forensic Procedures Act 2000 (Tas), part 9, division 1 11 section 80 (3) (c) (Informed consent of volunteer or parent or guardian of volunteer) o Crimes Act 1914 (Cwlth), section 23XWR (1) (c) o Crimes (Forensic Procedures) Act 2000 (NSW), section 77 (1) (c) o Forensic Procedures Act 2000 (Tas), section 30 (b) CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o Commonwealth o doctor o intersex person (see s 169B) o police officer o State o the Territory o transgender person (see s 169A (1) and (2)). Note 3 Terms used in this regulation have the same meaning that they have in the Crimes (Forensic Procedures) Act 2000 (see Legislation Act, s 148). For example, the following terms are defined in the Crimes (Forensic Procedures) Act 2000, dict: o ACT DNA database (see s 94A) o appropriately qualified person (see s 13) o forensic procedure (see s 5). "forensic scientist "means a person engaged (whether as an employee or otherwise) in that capacity by-- (a) the Australian Federal Police; or (b) the police force or police service of a State. "forensic technician "means a person engaged (whether as an employee or otherwise) in that capacity by-- (a) the Australian Federal Police; or (b) the police force or police service of a State. Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired 3 Legislation history This regulation was originally the Crimes (Forensic Procedures) Regulations 2000. It was renamed under the Legislation Act 2001. Crimes (Forensic Procedures) Regulation SL 2000 No 56 notified 21 December 2000 (Gaz 2000 No S69) commenced 21 December 2000 (s 2) as amended by Crimes (Forensic Procedures) Regulations Amendment SL 2001 No 25 notified 26 July 2001 (Gaz 2001 No 30) commenced 26 July 2001 (s 1) Legislation (Consequential Amendments) Act 2001 No 44 pt 91 notified 26 July 2001 (Gaz 2001 No 30) pt 91 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Crimes (Forensic Procedures) Amendment Regulations 2003 (No 1) SL2003-11 notified LR 5 May 2003 s 1, s 2 commenced 5 May 2003 (LA s 75 (1)) remainder commenced 6 May 2003 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.25 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.25 commenced 12 April 2007 (s 2 (1)) Crimes (Forensic Procedures) Amendment Act 2008 A2008-23 pt 3 notified LR 10 July 2008 s 1, s 2 commenced 10 July 2008 (LA s 75 (1)) pt 3 commenced 11 July 2008 (s 2) 4 Amendment history Name of regulations 1 am R4 LA Dictionarys 2 om R1 (LRA) ins A2007-3 amdt 3.133 Notess 3 am 2001 No 44 amdt 1.1010 defs reloc to dict A2007-3 amdt 3.132 sub A2007-3 amdt 3.133 def the Act om Act 2001 No 44 amdt 1.1009 Use or disclosure of information on DNA databases--Act, s 96 (2) (d), s 111 (2) (a) and (d)s 5 ins SL 2001 No 25 s 3 sub A2008-23 s 104 Corresponding law--Act, s 100, def of corresponding laws 6 ins SL 2001 No 25 s 3 am SL2003-11 s 4; A2008-23 s 105 Appropriately qualified personssch 1 am A2008-23 ss 106-112 Corresponding provisionssch 2 ins SL 2001 No 25 s 4 am A2008-23 s 113, s 114 Dictionarydict ins A2007-3 amdt 3.134 am A2008-23 s 115 def forensic scientist reloc from s 3 A2007-3 amdt 3.132 def forensic technician reloc from s 3 A2007-3 amdt 3.132 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No Amendments to Republication date 1 not amended 15 June 2001 2 Act 2001 No 44 12 September 2001 3 SL2003-11 6 May 2003 4 SL2003-11 2 November 2004 5 A2007-3 12 April 2007 (c) Australian Capital Territory 2008 CRIMES (FORENSIC PROCEDURES) REGULATION 2000 - NOTES Australian Capital Territory SL2000-56 Republication No 6 Effective: 11 July 2008 Republication date: 11 July 2008 Last amendment made by A2008-23Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Crimes (Forensic Procedures) Regulation 2000, made under the Crimes (Forensic Procedures) Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 July 2008. It also includes any amendment, repeal or expiry affecting the republished law to 11 July 2008. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is-- (a) if the person charged is an individual--$100; or (b) if the person charged is a corporation--$500. Australian Capital Territory Crimes (Forensic Procedures) Regulation 2000 Australian Capital Territory Crimes (Forensic Procedures) Regulation 2000