Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Crimes (Forensic Procedures) Act 2000:

(a) to extend the circumstances in which a person suspected of a crime may be
requested or required to undergo 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, and

(b) to make it clear that a forensic procedure may be ordered in relation to a
suspect for the purpose of obtaining evidence tending to confirm or disprove
that the suspect has committed an offence only if there are reasonable grounds
to believe that the suspect has committed that offence.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Crimes
(Forensic Procedures) Act 2000.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] and [2] amend the Crimes (Forensic Procedures) Act 2000 to allow
a police officer to request a suspect to undergo a non-intimate forensic procedure
involving the taking of a sample of a suspect’s hair or the carrying out of a
self-administered buccal swab in connection with the investigation of any offence
(rather than just indictable offences and other prescribed offences).

Schedule 1 [3] and [4] make similar changes to the provisions of the Crimes
(Forensic Procedures) Act 2000 that allow a police officer or Magistrate to order a
suspect to undergo a forensic procedure. The amendments will allow a non-intimate
forensic procedure involving the taking of a sample of a suspect’s hair or the carrying
out of a self-administered buccal swab to be ordered by a police officer or Magistrate
in connection with the investigation of any offence (rather than just indictable
offences and other prescribed offences).

The amendments in Schedule 1 [3] and [4] also clarify that a police officer or
Magistrate may order a forensic procedure only if there are reasonable grounds to
believe that a suspect has committed an offence, and the sample is taken for the
purpose of proving or disproving that the suspect has committed that offence. The
provisions do not permit forensic procedures to be used to investigate whether the
suspect has committed an offence if there are no reasonable grounds to believe that
the suspect has committed that offence. Schedule 1 [5] is a related amendment that
ensures that if forensic material is taken in relation to an offence but proceedings are
taken in relation to another offence arising out of the same act or omission by the
suspect, the provisions of the Crimes (Forensic Procedures) Act 2000 relating to
destruction of the forensic material do not apply.

Schedule 1 [6] enables savings and transitional regulations to be made as a
consequence of the amendments.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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