"Aboriginal legal aid organisation" means an organisation that provides legal
assistance to Aboriginal persons or Torres Strait Islanders, being an
organisation prescribed by the regulations for the purposes of this
definition.
"adult" means a person of or above 18 years of age.
"child" means a person who is at least 10 years of age but under 18 years of
age.
"correctional centre medical officer" , in relation to a correctional centre
or other place of detention, means any person appointed or acting as medical
officer for the correctional centre or other place of detention.
(d) any intrusion into
a person's body cavities except the mouth, or
(e) the taking of any sample
for the sole purpose of establishing the identity of the person from whom the
sample is taken.
Note : Paragraph (e) makes it clear that the Act only
applies to samples taken for forensic purposes and not to samples taken purely
to establish the identity of a person.
(c) the taking from a person of a sample
of the person's blood,
(d) the taking from a person of a sample of the
person's pubic hair,
(e) the taking from a person of a sample of any matter,
by swab or washing, from the person's private parts,
(f) the taking from a
person of a sample of any matter, by vacuum suction, scraping or lifting by
tape, from the person's private parts,
(g) the taking from a person of a
dental impression,
(h) the taking of a photograph of the person's
private parts,
(i) the taking from a person of an impression or cast of a
wound from the person's private parts.
"investigating police officer" means any police officer involved in the
investigation of the commission of an offence in relation to which a
forensic procedure is carried out or proposed to be carried out.
"legal representative" of a suspect means an Australian legal practitioner
acting for the suspect.
"non-intimate forensic procedure" means any of the following--
(a) an external
examination of a part of a person's body, other than the person's
private parts, that requires touching of the body or removal of clothing,
(c) the
taking from a person of a sample of the person's hair, other than pubic hair,
(d) the taking from a person of a sample (such as a nail clipping) of the
person's nails or of matter from under the person's nails,
(e) the taking
from a person of a sample of any matter, by swab or washing, from any external
part of the person's body, other than the person's private parts,
(f) the
taking from a person of a sample of any matter, by vacuum suction, scraping or
lifting by tape, from any external part of the person's body, other than the
person's private parts,
(g) the taking from a person of the person's hand
print, finger print, foot print or toe print,
(h) the taking of a photograph
of a part of a person's body, other than the person's private parts,
(i) the
taking from a person of an impression or cast of a wound from a part of the
person's body, other than the person's private parts,
(j) the taking of
measurement of a person's body or any part of a person's body (other than the
person's private parts) whether or not involving the marking of the person's
body.
"parental responsibility" , in relation to a child, means all the duties,
powers, responsibilities and authority which, by law, parents have in relation
to their children.
"participating jurisdiction" is defined in section 95.
"place of detention" , in relation to a person the subject of an intensive
correction order that is subject to a home detention condition under the
Crimes (Sentencing Procedure) Act 1999 , means the place at which the person
resides pursuant to the order.
Note : A home detention order is taken to be an
intensive correction order that is subject to a home detention condition. See
Part 29 of Schedule 2 to that Act.
(b) a building that is occupied by members of the NSW Police Force and that is
nominated by the Commissioner of Police for the purposes of this paragraph,
and
(c) a building occupied by the Australian Federal Police.
"prescribed offence" means--
(a) an indictable offence, or
(b) any other
offence under a law of the State prescribed by the regulations for the
purposes of this paragraph.
"prescribed offender" means a person who is convicted of a prescribed offence.
"private parts" means a person's genital area, anal area or buttocks, and, in
the case of a female or transgender person who identifies as a female,
includes the person's breasts.
"recognised transgender person" means a person the record of whose sex is
altered under Part 5A of the Births, Deaths and Marriages Registration Act
1995 or under the corresponding provisions of a law of another Australian
jurisdiction.
"responsible person" , in relation to the DNA database system, means the
person declared by the regulations to be the person responsible for the care,
control and management of the system.
"sample" has a meaning affected by subsection (3).
"self-administered buccal swab" means a buccal swab carried out by the person
on whom it is carried out.
"senior police officer" means a police officer of or above the rank of
sergeant.
"serious indictable offence" means--
(a) an indictable offence under a law of
the State or of a participating jurisdiction that is punishable by
imprisonment for life or a maximum penalty of 5 or more years imprisonment, or
(b) an indictable offence under a law of the State that is punishable by a
maximum penalty of less than 5 years imprisonment, being an offence the
elements constituting which (disregarding territorial considerations) are the
same as an offence under a law of a participating jurisdiction that is
punishable by a maximum of 5 or more years imprisonment.
(c) any time that is reasonably spent waiting
for facilities or equipment that are needed to carry out the procedure to
become available,
(d) any time during which carrying out the procedure is
suspended or delayed to allow the suspect, or someone else on the suspect's
behalf, to communicate with an Australian legal practitioner, friend,
relative, parent, guardian, interpreter, medical practitioner, dentist or
other person as provided by this Act,
(e) any time during which carrying out
the procedure is suspended or delayed to allow such an Australian legal
practitioner, friend, relative, parent, guardian, interpreter, medical
practitioner, dentist or other person to arrive at the place where the
procedure is to be carried out,
(f) any time during which carrying out the
procedure is suspended or delayed to allow the suspect to consult with an
Australian legal practitioner, friend, relative, parent, guardian,
interpreter, medical practitioner, dentist or other person at the place where
the procedure is to be carried out as provided by this Act,
(g) any time
during which carrying out the procedure is suspended or delayed to allow the
suspect to receive medical attention,
(h) any time during which carrying out
the procedure is suspended or delayed to allow the suspect to recover from the
effects of intoxication due to alcohol or another drug (or both),
(i) any
time during which carrying out the procedure is suspended or delayed to allow
the suspect to rest or receive refreshments or to give the suspect access to
toilet and other facilities,
(j) any time during which carrying out the
procedure is suspended or delayed at the request of the suspect,
(k) any time
that is reasonably spent waiting for a senior police officer or a Magistrate
or other authorised officer to make an order as provided by this Act.
"transgender person" is defined in subsection (6).
"untested former offender" is defined in section 75A.
"untested registrable person" is defined in section 75P.
(3) Taking samples For the
purposes of this Act, a
"sample" taken from a person includes a sample taken from the person that
consists of matter from another person's body.
(4) Informs For the purposes
of this Act, a person
"informs" another person of a matter if the person informs the other person of
the matter, through an interpreter if necessary, in a language (including sign
language or braille) in which the other person is able to communicate with
reasonable fluency.
(6) Transgender persons In
this Act, a reference to a person being
"transgender" or a
"transgender person" is a reference to a person, whether or not the person is
a recognised transgender person--
(a) who identifies as a member of the
opposite sex, by living, or seeking to live, as a member of the opposite sex,
or
(b) who has identified as a member of the opposite sex by living as a
member of the opposite sex, or
(c) who, being of indeterminate sex,
identifies as a member of a particular sex by living as a member of that sex,
(7) In this Act (other than subsection (6)), a
reference--
(a) to a member of the opposite sex of a person means, if the
person is a transgender person, a member of the opposite sex to the sex with
which the transgender person identifies, and
(b) to a member of the same sex
as a person means, if the person is a transgender person, a member of the same
sex as the sex with which the transgender person identifies.
(8) Notes
included in the text of this Act do not form part of this Act.
