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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Forensic Procedures)
Amendment Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Forensic Procedures) Act
2000 No 59 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Crimes (Forensic Procedures)
Amendment Bill 2007
Act No , 2007
An Act to amend the Crimes (Forensic Procedures) Act 2000 to make further
provision with respect to the carrying out of forensic procedures.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Crimes (Forensic Procedures) Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes (Forensic Procedures) Amendment Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes (Forensic Procedures) Act 2000 No 59
The Crimes (Forensic Procedures) Act 2000 is amended as set out in
Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Crimes (Forensic Procedures) Amendment Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 11 Conditions under which police officer may request consent
to forensic procedure
Omit ", or a non-intimate forensic procedure involving the taking of a sample
of the suspect's hair or the carrying out of a self-administered buccal swab"
from section 11 (2).
[2] Section 11 (3)
Omit "(other than a procedure involving the taking of a sample of the suspect's
hair or the carrying out of a self-administered buccal swab)".
[3] Section 20
Omit the section. Insert instead:
20 Matters to be considered by senior police officer before ordering
non-intimate forensic procedure
A senior police officer may not order the carrying out of a
non-intimate forensic procedure under section 18 (1) unless
satisfied:
(a) that the suspect is under arrest, and
(b) that there are reasonable grounds to believe that the
suspect has committed an offence, and
(c) that there are reasonable grounds to believe that the
procedure might produce evidence tending to confirm or
disprove that the suspect has committed the offence
referred to in paragraph (b), and
(d) that the suspect is neither a child nor an incapable person,
and
(e) that the carrying out of such a procedure is justified in the
circumstances.
[4] Section 24 Final order for carrying out forensic procedure
Omit section 24 (2) and (3). Insert instead:
(2) In the case of an intimate forensic procedure:
(a) there must be reasonable grounds to believe that the
suspect has committed a prescribed offence, and
(b) there must be reasonable grounds to believe that the
procedure might produce evidence tending to confirm or
Page 3
Crimes (Forensic Procedures) Amendment Bill 2007
Schedule 1 Amendments
disprove that the suspect has committed the offence
referred to in paragraph (a).
(3) In the case of a non-intimate forensic procedure:
(a) there must be reasonable grounds to believe that the
suspect has committed an offence, and
(b) there must be reasonable grounds to believe that the
procedure might produce evidence tending to confirm or
disprove that the suspect has committed the offence
referred to in paragraph (a).
[5] Section 88 Destruction of forensic material after 12 months
Omit section 88 (2) (c). Insert instead:
(c) proceedings for an offence in respect of the act or omission
in relation to which the forensic material was taken have
not been instituted against the suspect, or have been
discontinued,
[6] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes (Forensic Procedures) Amendment Act 2007
Page 4
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