CRIMES (FORENSIC PROCEDURES) ACT 2000 - As at 30 October 2023 - Act 59 of 2000
- As at 30 October 2023 - Act 59 of 2000Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Interpretation
- 4 Interview friends
- 4A Appropriately qualified persons
PART 2 - AUTHORITY AND TIME LIMITS FOR FORENSIC PROCEDURES ON SUSPECTS: SUMMARY OF RULES
- 5 How forensic procedures may be authorised in different circumstances
- 6 Time limits for carrying out forensic procedures
PART 3 - FORENSIC PROCEDURES ON SUSPECT BY CONSENT
- 7 Forensic procedure may be carried out with informed consent of suspect
- 8 Police officer to ask whether suspect identifies as Aboriginal person or Torres Strait Islander
- 9 Informed consent to forensic procedures--general
- 10 Informed consent to forensic procedures--Aboriginal persons and Torres Strait Islanders
- 11 Conditions under which police officer may request consent to forensic procedure 12. (Repealed)
- 13 Matters that suspect must be informed of before giving consent
- 14 Withdrawal of consent
- 15 Recording of giving information and suspect's responses
- 16 Time for carrying out forensic procedure--suspect not under arrest
PART 4 - NON-INTIMATE FORENSIC PROCEDURES ON SUSPECTS BY ORDER OF SENIOR POLICE OFFICER
- 17 Non-intimate forensic procedure may be carried out by order of senior police officer
- 18 Circumstances in which senior police officer may order non-intimate forensic procedure 19. (Repealed)
- 20 Matters to be considered by senior police officer before ordering non-intimate forensic procedure
- 21 Making and recording senior police officer's order
PART 5 - FORENSIC PROCEDURES ON SUSPECTS BY ORDER OF MAGISTRATE OR OTHER AUTHORISED OFFICER
Division 1 - General
- 22 Forensic procedure may be carried out by order of Magistrate or other authorised officer
- 23 Circumstances in which Magistrate or other authorised officer may order forensic procedure
Division 2 - Final orders
- 24 Final order for carrying out forensic procedure 25. (Repealed)
- 26 Application for order
- 27 Application and order for repeated forensic procedure
- 28 Securing the presence of suspect at hearing--suspect under arrest
- 29 Securing the presence of suspect at hearing--suspect not under arrest
- 30 Procedure at hearing of application for order
- 31 Making of order
Division 3 - Interim orders
- 32 Interim order for carrying out of a forensic procedure
- 33 Application for interim order
- 34 Procedure at hearing of application for interim order
- 35 Making of interim order
- 36 Records of application and interim order
- 36A Records of application and interim order (where application not made in person or reduced to writing)
- 37 Suspect may be prevented from destroying or contaminating evidence
- 38 Results of forensic procedure carried out under interim order
Division 4 - Time limits for forensic procedures ordered by Magistrate or other authorised officer
- 39 Application
- 40 Time for carrying out forensic procedure--suspect not under arrest
- 41 Arrest of suspect not under arrest
- 42 Time for carrying out forensic procedure--suspect under arrest
Division 5 - Reports of proceedings under Act
- 43 Restrictions on publication
Division 6 - False or misleading information in applications
- 43A False or misleading information in applications
PART 6 - CARRYING OUT FORENSIC PROCEDURES ON SUSPECTS
NoteDivision 1 - General
- 44 General rules for carrying out forensic procedures
- 45 No questioning during forensic procedure
- 46 Suspect must be cautioned before forensic procedure starts
- 47 Use of force in carrying out forensic procedures
- 48 Forensic procedures not to be carried out in cruel, inhuman or degrading manner
- 49 Taking of samples of hair 49A. (Repealed)
Division 2 - Persons involved in forensic procedures
- 50 Persons who may carry out forensic procedures
Division 3 - Further provisions about who may carry out forensic procedures
- 51 Certain forensic procedures generally to be carried out by person of same sex as suspect
- 51A Self-administered buccal swabs
- 52 Person may get help to carry out forensic procedures
Division 4 - Presence of other people while forensic procedure is carried out
- 53 Medical practitioner or dentist of suspect's choice may be present for some forensic procedures
- 54 Presence of interview friend or legal representative--children and incapable persons
- 55 Presence of interview friend or legal representative--Aboriginal persons and Torres Strait Islanders
- 56 Presence of police officers
Division 5 - Recording of forensic procedure
Division 6 - Procedure after forensic procedure is carried out
PART 7 - CARRYING OUT OF CERTAIN FORENSIC PROCEDURES AFTER CONVICTION OF SERIOUS INDICTABLE OFFENDERS
- 61 Forensic procedures and offenders to which Part applies
- 62 Non-intimate forensic procedures authorised to be carried out on serious indictable offenders
- 63 Intimate forensic procedures authorised to be carried out on serious indictable offenders 64. (Repealed)
- 64A Person to ask whether serious indictable offender identifies as Aboriginal person or Torres Strait Islander
- 65 Application of Part 6
- 66 Scope of authorisation
- 67 Informed consent to forensic procedures
- 68 Police officer may request offender to consent to forensic procedure
- 69 Matters that offender must be informed of before giving consent
- 70 Circumstances in which senior police officer may order non-intimate forensic procedure 71. (Repealed)
- 72 Form of consent
- 73 Record of order of senior police officer
- 74 Court order for carrying out forensic procedure on serious indictable offender
- 74A Carrying out of forensic procedure following conviction
- 75 Refusal or failure to permit forensic procedure
PART 7A - CARRYING OUT OF CERTAIN FORENSIC PROCEDURES ON UNTESTED FORMER OFFENDERS
- 75A Forensic procedures and offenders to which Part applies
- 75B Non-intimate forensic procedures authorised to be carried out on untested former offenders
- 75C Intimate forensic procedures authorised to be carried out on untested former offenders
- 75D Police officer to ask whether untested former offender identifies as Aboriginal person or Torres Strait Islander
- 75E Application of Part 6
- 75F Informed consent to forensic procedures
- 75G Police officer may request untested former offender to consent to forensic procedure
- 75H Matters that untested former offender must be informed of before giving consent
- 75I Circumstances in which senior police officer may order non-intimate forensic procedure
- 75J Form of consent
- 75K Record of order of senior police officer
- 75L Court order for carrying out forensic procedure on untested former offender
- 75M Making of order
- 75N Carrying out of forensic procedure on untested former offender in custody
- 75O Refusal or failure to permit forensic procedure
PART 7B - CARRYING OUT OF CERTAIN FORENSIC PROCEDURES ON REGISTRABLE PERSONS
- 75P Forensic procedures and persons to which Part applies
- 75Q Non-intimate forensic procedures authorised to be carried out on untested registrable persons
- 75R Intimate forensic procedures authorised to be carried out on untested registrable persons
- 75S Police officer to ask whether untested registrable person identifies as Aboriginal person or Torres Strait Islander
- 75T Application of Part 6
- 75U Scope of authorisation
- 75V Informed consent to forensic procedures
- 75W Carrying out forensic procedure on untested registrable person
- 75X Matters that untested registrable person must be informed of before giving consent
- 75Y Circumstances in which senior police officer may order non-intimate forensic procedure
- 75Z Form of consent
- 75ZA Record of order of senior police officer
- 75ZB Application for court order for carrying out forensic procedure on untested registrable person
- 75ZC Court order for carrying out forensic procedure on untested registrable person
- 75ZD Refusal or failure to permit forensic procedure
PART 8 - CARRYING OUT OF FORENSIC PROCEDURES ON VOLUNTEERS AND CERTAIN OTHER PERSONS
- 76 Carrying out of forensic procedures on volunteers
- 76A Excluded volunteers
- 76B Police officer to ask whether volunteer identifies as Aboriginal person or Torres Strait Islander
- 77 Informed consent of volunteer or parent or guardian of volunteer
- 78 Form of consent
- 79 Withdrawal of consent
- 80 Circumstances in which Magistrate may order the carrying out of forensic procedure on child or incapable person
- 81 Retention of forensic material by order of Magistrate after withdrawal of consent
PART 8A - CARRYING OUT OF FORENSIC PROCEDURES ON CHILDREN UNDER 10 YEARS OF AGE
- 81A Carrying out of forensic procedure on child under 10 years of age prohibited except in limited circumstances
- 81B References to parent or guardian of child under 10 years of age
- 81C Carrying out of forensic procedures on child under 10 years of age with informed consent of parent or guardian
- 81D Withdrawal of consent
- 81E Application for order
- 81F Circumstances in which Magistrate may order carrying out of forensic procedure on child under 10 years of age
- 81G Persons who may carry out forensic procedures on children under 10 years of age
- 81H Presence of other people while forensic procedure is carried out on children under 10 years of age
- 81I Medical practitioner or dentist of parent's or guardian's choice may be present for some forensic procedures
- 81J Recording of forensic procedure
- 81K Photographs
- 81L Material to be made available to parent or guardian of child under 10 years of age
- 81M Use and retention of forensic material taken from child under 10 years of age
- 81N Retention of forensic material by order of a Magistrate after parent or guardian of child under 10 years of age withdraws consent
PART 9 - ADMISSIBILITY OF EVIDENCE
Division 1 - Forensic evidence
- 82 Inadmissibility of evidence from improper forensic procedures
- 83 Inadmissibility of evidence where forensic material required to be destroyed
- 83A Inadmissibility of certain evidence from forensic procedures undertaken for purpose of missing persons index
Division 2 - Other evidence
- 84 Admissibility of evidence relating to consent to forensic procedure
- 85 Admissibility of evidence relating to carrying out of forensic procedure
PART 10 - DESTRUCTION OF FORENSIC MATERIAL
- 86 Destruction of forensic material where interim order disallowed or specified retention period ended
- 87 Destruction of forensic material taken from offender after conviction set aside or quashed
- 87A Destruction of forensic material given voluntarily for elimination purposes
- 88 Destruction of forensic material after 12 months
- 89 Destruction of forensic material where related evidence is inadmissible
PART 11 - DNA DATABASE SYSTEM
- 90 Definitions
- 91 Supply of forensic material for DNA database system purposes
- 92 Use of information on DNA database system
- 93 Permissible matching of DNA profiles
- 93A Use of DNA profile of child or incapable person
- 94 Recording, retention and removal of identifying information on DNA database system
PART 12 - INTERSTATE ENFORCEMENT
- 95 Definitions
- 96 Registration of orders
- 97 Database information
PART 13 - GENERAL PROVISIONS RELATING TO OPERATION OF THIS ACT
- 98 Interpreters
- 99 Powers and entitlements of legal representatives and interview friends
- 100 Obligation of investigating police officers relating to recordings
- 101 Material required to be made available to suspect, offender, volunteer or person under 10 years of age
- 102 No charge to be made for material or viewing video
- 103 Proof of belief or suspicion
- 104 Proof of impracticability
- 105 Proof that time should be disregarded
- 106 Proof of voluntary waiver of certain rights
- 107 Liability for forensic procedures
- 108 Experts not obliged to carry out forensic procedures
- 109 Disclosure of information
- 110 Retention of electronic recordings
PART 14 - OPERATION OF THIS ACT AND EFFECT ON OTHER LAWS
111. (Repealed)- 112 Application of Act to taking of photographs, hand prints etc
- 113 Relationship with Parts 9 and 15 of the Law Enforcement (Powers and Responsibilities) Act 2002
- 114 Application of other laws
- 115 Taking, retention and use of forensic material
PART 15 - MISCELLANEOUS
- 115A Appeals from forensic procedure orders made by Magistrate
- 116 Lists of interview friends
- 117 Proceedings for offences
- 118 Regulations 119. (Repealed)
- 120 Savings, transitional and other provisions
- 121 Monitoring of operation of Act by Ombudsman
- 122 Review of Act
- 123 Inquiry by Standing Committee on Law and Justice Schedule 1 (Repealed)