POLICE POWERS AND RESPONSIBILITIES (FORENSIC PROCEDURES) AMENDMENT BILL 2003

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POLICE POWERS AND RESPONSIBILITIES (FORENSIC PROCEDURES) AMENDMENT BILL 2003

Queensland POLICE POWERS AND RESPONSIBILITIES (FORENSIC PROCEDURES) AMENDMENT BILL 2003

Queensland POLICE POWERS AND RESPONSIBILITIES (FORENSIC PROCEDURES) AMENDMENT BILL 2003 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 2--AMENDMENT OF POLICE POWERS AND RESPONSIBILITIES ACT 2000 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3A Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 19 (General power to enter to arrest or detain someone or enforce warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Amendment of s 32 (Person may be required to state name and address) . . 11 7 Amendment of s 33 (Prescribed circumstances for requiring name and address) .............................................. 11 8 Renumbering and relocation of s 275 (Identification of suspects) . . . . . . . . 12 9 Replacement of ch 8, hdg and pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 CHAPTER 8--SEARCH POWERS FOR PERSONS IN CUSTODY 269 Application of ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 270 Police officer may search person in custody . . . . . . . . . . . . . . . . . . . 13 271 Powers relating to thing taken from person taken to place of safety . 14 10 Replacement of ch 8, pts 24 and pt 5, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 15 CHAPTER 8A--FORENSIC PROCEDURES PART 1--QUALIFIED PERSONS AND AUTHORISING FORENSIC PROCEDURES 272 Who are qualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 273 Limitation on forensic procedures that dentist may perform. . . . . . . 15 274 When forensic procedures are authorised . . . . . . . . . . . . . . . . . . . . . 16 PART 2--OBTAINING CONSENT FOR FORENSIC PROCEDURE 275 What pt 2 provides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 276 General rules about asking for consent . . . . . . . . . . . . . . . . . . . . . . . 17 277 Special requirement for child of at least 14 . . . . . . . . . . . . . . . . . . . . 18 278 Special requirement for child under 14 . . . . . . . . . . . . . . . . . . . . . . . 18 279 Special requirement for person with impaired capacity . . . . . . . . . . 19 280 Consent must be informed consent . . . . . . . . . . . . . . . . . . . . . . . . . . 20 281 General requirements for giving informed forensic procedure consent ........................................... 20 282 Recording consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 283 Qualified person may perform forensic procedure . . . . . . . . . . . . . . 22 PART 3--FORENSIC PROCEDURE ORDERS 284 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 285 Application for forensic procedure order. . . . . . . . . . . . . . . . . . . . . . 23 286 Notice of application must ordinarily be given . . . . . . . . . . . . . . . . . 23 287 When notice of application need not be given etc. . . . . . . . . . . . . . . 24 288 Making forensic procedure order. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 289 What forensic procedure order must state . . . . . . . . . . . . . . . . . . . . . 26 290 When forensic procedure order ends . . . . . . . . . . . . . . . . . . . . . . . . . 26 291 Powers for enforcing forensic procedure order . . . . . . . . . . . . . . . . . 27 292 Order must be given before forensic procedure is performed . . . . . . 27 293 Qualified person may perform forensic procedure . . . . . . . . . . . . . . 27 PART 4--IDENTIFYING PARTICULARS Division 1--Particular provisions about taking identifying particulars 294 Taking identifying particulars of person in custody . . . . . . . . . . . . . 28 295 Taking identifying particulars--proceeding started by notice to appear or complaint and summons . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2--Taking identifying particulars under identifying particulars notice 296 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 297 Identifying particulars notice may be given. . . . . . . . . . . . . . . . . . . . 29

3 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 Division 3--Taking identifying particulars under court order 298 Court may order taking of identifying particulars . . . . . . . . . . . . . . . 29 299 Detention for taking identifying particulars. . . . . . . . . . . . . . . . . . . . 30 300 Who may take identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 4--Destruction of identifying particulars 301 Destruction of identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . 31 PART 5--DNA PROCEDURES Division 1--Preliminary provisions about DNA sampling and DNA analysis 302 Taking DNA sample by doctor or nurse . . . . . . . . . . . . . . . . . . . . . . 32 303 Commissioner may authorise police officers to take DNA samples . 32 304 Where DNA sample may be taken. . . . . . . . . . . . . . . . . . . . . . . . . . . 32 305 How DNA samples may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 2--Taking DNA sample from particular persons with consent 306 Use of DNA analysis of DNA sample taken from child under 14. . . 33 307 Taking DNA sample from person with impaired capacity . . . . . . . . 33 Division 3--Taking DNA samples after proceedings commenced and from certain prisoners 308 Taking DNA sample if proceeding started or continued against an adult by arrest, notice to appear or complaint and summons etc. . 34 309 DNA sample notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 310 Requirements for DNA sample notice . . . . . . . . . . . . . . . . . . . . . . . . 36 311 Taking DNA sample from adult before court . . . . . . . . . . . . . . . . . . 36 312 Taking DNA sample after finding of guilt . . . . . . . . . . . . . . . . . . . . . 37 313 Detention for taking DNA sample . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 314 Taking DNA sample from prisoner in corrective services facility. . . 38 315 Taking DNA sample from transferred prisoner . . . . . . . . . . . . . . . . . 39 316 Taking DNA sample from child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 4--Taking DNA samples from prisoners released under post-prison community based release orders 317 Application of div 4 and non-application of pt 2. . . . . . . . . . . . . . . . 42 318 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 318A Prisoner serving term of imprisonment for prescribed indictable offence ..................................... 42

4 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 318B Prisoner serving term of imprisonment for other indictable offences 43 318C General requirements for giving informed consent . . . . . . . . . . . . . . 43 318D Application to court under s 312 for order . . . . . . . . . . . . . . . . . . . . 44 318E Court make order despite time that has elapsed since finding of guilt 44 318F Expiry of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 5--Analysis and use of DNA samples 318G Power to analyse etc. DNA samples . . . . . . . . . . . . . . . . . . . . . . . . . 44 318H When DNA sample taken from suspected person and results must be destroyed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 6--DNA databases 318I State DNA database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 318J Transmitting information to CrimTrac. . . . . . . . . . . . . . . . . . . . . . . . 47 318K Use of QDNA or CrimTrac database . . . . . . . . . . . . . . . . . . . . . . . . . 48 318L Limitation on use of results of DNA analysis . . . . . . . . . . . . . . . . . . 48 PART 6--NON-MEDICAL EXAMINATIONS 318M Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 318N Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 318O Commissioner may authorise police officer to perform non-medical examinations ........................... 49 318P Examination if proceeding started against adult by arrest, notice to appear or complaint and summons . . . . . . . . . . . . . . . . . . . 50 318Q Non-medical examination notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 318R Requirements for non-medical examination notice . . . . . . . . . . . . . . 51 PART 7--FORENSIC PROCEDURES PERFORMED BY DOCTORS AND DENTISTS Division 1--Preliminary 318S Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2--Actions by police officers and presence of independent persons 318T When doctor or dentist may be asked to perform forensic procedure 53 318U What person must be told before doctor or dentist performs a forensic procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 318V Arrangements for attendance of independent person . . . . . . . . . . . . 54 318W Speaking to and presence of independent person . . . . . . . . . . . . . . . 54

5 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 318X Absence of independent person does not affect lawfulness of custody etc. ....................................... 55 318Y When police officer may exclude independent person . . . . . . . . . . . 55 318Z Action by police officer if independent person excluded ...... 56 Division 3--Performing forensic procedures 318ZA Doctor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 318ZB Dentist's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 318ZC Samples and results of analysis to be given to person . . . . . . . . . . . 57 PART 8--MATTERS RELATING TO PERFORMING FORENSIC PROCEDURES 318ZD Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 318ZE Power to analyse samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 318ZF Order for person who fails to comply with reporting notice . . . . . . . 59 318ZG Detention for performing forensic procedure . . . . . . . . . . . . . . . . . . 59 318ZH General power for performing forensic procedure . . . . . . . . . . . . . . 60 318ZI Help with, and use of force for, performing forensic procedure . . . . 60 318ZJ General power to require further attendance . . . . . . . . . . . . . . . . . . . 60 318ZK Protecting the dignity of person in performing a non-intimate forensic procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 318ZL Effect of withdrawal of consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 318ZM Powers under this part are additional to other powers . . . . . . . . . . . 62 PART 9--CORRESPONDING FORENSIC PROCEDURE ORDERS 318ZN Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 318ZO Arrangements with the Commonwealth and other States. . . . . . . . . 63 318ZP Registration of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 318ZQ Effect of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PART 10--OFFENCES 318ZR Unlawful supply of destroyable DNA sample. . . . . . . . . . . . . . . . . . 64 318ZS Unlawful supply of DNA sample . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 318ZT Unlawful use of stored information. . . . . . . . . . . . . . . . . . . . . . . . . . 64 318ZU Unlawful matching of DNA analysis results. . . . . . . . . . . . . . . . . . . 65 318ZV Unlawful recording of identifying information on QDNA . . . . . . . . 65 318ZW Unlawful retention of results of DNA analysis in QDNA . . . . . . . . 65

6 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 318ZX Unlawful disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . 66 PART 11--OTHER PROVISIONS 318ZY Ministerial arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 318ZZ Application of other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 318ZZA Forensic material lawfully obtained in another jurisdiction . . . . . . 68 318ZZB Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 CHAPTER 8B--BLOOD AND URINE TESTING OF PERSONS SUSPECTED OF COMMITTING SEXUAL OR OTHER SERIOUS ASSAULT OFFENCES'. 11 Replacement of ch 8, pt 5, div 1, hdg (Preliminary) . . . . . . . . . . . . . . . . . . . 69 12 Amendment of s 319 (Purpose of pt 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 13 Amendment of s 320 (Application of pt 5) . . . . . . . . . . . . . . . . . . . . . . . . . . 70 14 Amendment of s 321 (Certain Acts do not apply to this part). . . . . . . . . . . . 70 15 Replacement of ch 8, pt 5, div 2, hdg (Taking blood and urine samples) . . . 70 16 Replacement of ch 8, pt 5, div 3, hdg (General) . . . . . . . . . . . . . . . . . . . . . . 70 17 Amendment of s 329 (Restriction on disclosure of results of analysis) . . . . 71 18 Amendment of s 330 (Certain evidence inadmissible) . . . . . . . . . . . . . . . . . 71 19 Amendment of s 420 (Application of pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 71 20 Amendment of s 445 (Offence to contravene direction or requirement of police officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 21 Amendment of s 451 (Obtaining warrants, orders and authorities, etc., by telephone or similar facility). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 22 Amendment of s 453 (Presumption about exercise of powers under prescribed authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 23 Amendment of ch 13, pt 2, hdg (Transitional provisions). . . . . . . . . . . . . . . 72 24 Insertion of new ch 13, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 PART 3--TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES (FORENSIC PROCEDURES) AMENDMENT ACT 2003 474 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 475 Identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 476 Medical and dental procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 477 DNA procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 478 Police officers authorised to take DNA samples . . . . . . . . . . . . . . . . 75

7 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 479 Taking of certain DNA samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 480 QDNA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 481 Certain arrangements made by Minister . . . . . . . . . . . . . . . . . . . . . . 76 482 Provision for ch 11, pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 25 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 PART 3--AMENDMENT OF CORRECTIVE SERVICES ACT 2000 26 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 27 Amendment of s 14 (Directions to prisoners) . . . . . . . . . . . . . . . . . . . . . . . . 81

2003 A BILL FOR An Act to amend the Police Powers and Responsibilities Act 2000 and the Corrective Services Act 2000

s1 10 s5 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Police Powers and Responsibilities 4 (Forensic Procedures) Amendment Act 2003. 5 2 Commencement Clause 6 This Act commences on a day to be fixed by proclamation. 7 PART 2--AMENDMENT OF POLICE POWERS AND 8 RESPONSIBILITIES ACT 2000 9 3 Act amended in pt 2 Clause 10 This part amends the Police Powers and Responsibilities Act 2000. 11 4 Insertion of new s 3A Clause 12 After section 3-- 13 insert-- 14 `3A Notes in text 15 `A note in the text of this Act is part of this Act.'. 16 5 Amendment of s 19 (General power to enter to arrest or detain Clause 17 someone or enforce warrant) 18 (1) Section 19(1)(c)-- 19 renumber as section 19(1)(e). 20

s6 11 s7 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (2) Section 19(1)-- 1 insert-- 2 `(c) to detain a person named in a forensic procedure order or a 3 registered corresponding forensic procedure order; or 4 (d) to detain a person who may be detained under an order made 5 under section 298, 311, 312, 316, 318D or 318ZF;1 or'. 6 6 Amendment of s 32 (Person may be required to state name and Clause 7 address) 8 Section 32(3)(b), after `summons'-- 9 insert-- 10 `, order'. 11 7 Amendment of s 33 (Prescribed circumstances for requiring name Clause 12 and address) 13 (1) Section 33(c)(i), `notice; or'-- 14 omit, insert-- 15 `notice or an order of a court made under section 298 or 318ZF;2 or'. 16 1 Section 298 (Court may order taking of identifying particulars), 311 (Taking DNA sample from adult before court), 312 (Taking DNA sample after finding of guilt), 316 (Taking DNA sample from child), 318D (Application to court for order) or 318ZF (Order for person who fails to comply with reporting notice) 2 Section 298 (Court may order taking of identifying particulars) or 318ZF (Order for person who fails to comply with reporting notice)

s8 12 s8 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (2) Section 33(c)(ii), `notice;'-- 1 omit, insert-- 2 `notice or an order made under section 311, 312, 316, 318D or 318ZF;3'. 3 (3) Section 33-- 4 insert-- 5 `(ca) an authorised examiner is about to perform a non-medical 6 examination under a non-medical examination notice or under 7 section 318ZF;'. 8 (4) Section 33(e), from `warrant'-- 9 omit, insert-- 10 `warrant, forensic procedure order or registered corresponding 11 forensic procedure order or serve on a person-- 12 (i) a forensic procedure order or registered corresponding 13 forensic procedure order; or 14 (ii) a summons; or 15 (iii) another court document;'. 16 (5) Section 33-- 17 insert-- 18 `(k) under chapter 8A, a qualified person for performing a forensic 19 procedure is about to perform the forensic procedure on the 20 person.'. 21 8 Renumbering and relocation of s 275 (Identification of suspects) Clause 22 Section 275-- 23 renumber as section 377A and relocate to chapter 9, part 5 after 24 section 377. 25 3 Section 311 (Taking DNA sample from adult before court), 312 (Taking DNA sample after finding of guilt), 316 (Taking DNA sample from child), 318D (Application to court for order) or 318ZF (Order for person who fails to comply with reporting notice)

s9 13 s9 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 9 Replacement of ch 8, hdg and pt 1 Clause 1 Chapter 8, heading and part 1-- 2 omit, insert-- 3 `CHAPTER 8--SEARCH POWERS FOR PERSONS IN 4 CUSTODY 5 `269 Application of ch 8 6 `This chapter applies to a person if the person-- 7 (a) is lawfully arrested; or 8 (b) is in lawful custody for a charge of an offence that has not been 9 decided; or 10 11 Examples-- 12 1. The person may be in lawful custody because bail has been refused or 13 revoked or a condition of bail is contravened. 14 2. The person may be in lawful custody pending the satisfaction of a 15 condition on which the person is to be released on bail. (c) is in custody under a sentence for a period of imprisonment or, 16 for a child, a detention order; or 17 (d) is otherwise lawfully detained under another Act. 18 `270 Police officer may search person in custody 19 `(1) A police officer may search and re-search a person to whom this 20 chapter applies. 21 `(2) A police officer may seize from the person anything found during 22 the search that the police officer reasonably suspects may provide evidence 23 of the commission of an offence. 24 `(3) Also, the police officer may take and retain, while the person is in 25 custody-- 26 (a) anything that may endanger anyone's safety, including the 27 person's safety; or 28 (b) anything that may be used for an escape; or 29

s9 14 s9 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (c) anything else the police officer reasonably considers should be 1 kept in safe custody while the person is in custody. 2 `271 Powers relating to thing taken from person taken to place of 3 safety 4 `(1) This section applies if a police officer takes a thing under 5 section 270(3) from a person who is taken to a place of safety under 6 section 210.4 7 `(2) A police officer may give the thing-- 8 (a) if the place of safety is the person's home--to a person at the 9 home who is an adult member of the person's family; or 10 (b) if the place of safety is the home of a friend or relative of the 11 person--to the friend or relative for safe keeping while the 12 person is at the place; or 13 (c) otherwise--to the person apparently in possession or in charge of 14 the place of safety for safe keeping while the person is at the 15 place. 16 `(3) The person to whom the thing is given must give the police officer a 17 signed receipt in the approved form for the thing and, if the place of safety 18 is not the home of the person from whom the thing was taken, must return 19 the thing to that person before the person voluntarily leaves the place of 20 safety.'. 21 4 Section 210 (Additional case when arrest for being drunk in a public place may be discontinued)

s 10 15 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 10 Replacement of ch 8, pts 24 and pt 5, hdg Clause 1 Chapter 8, parts 2 to 4 and chapter 8, part 5, heading-- 2 omit, insert-- 3 `CHAPTER 8A--FORENSIC PROCEDURES 4 `PART 1--QUALIFIED PERSONS AND AUTHORISING 5 FORENSIC PROCEDURES 6 `272 Who are qualified persons 7 `(1) This section states who are "qualified persons" to perform forensic 8 procedures. 9 `(2) A doctor or dentist is a qualified person to perform an intimate 10 forensic procedure and a non-intimate forensic procedure. 11 `(3) A DNA sampler is a qualified person for taking a DNA sample. 12 `(4) An authorised examiner is a qualified person to perform a 13 non-intimate forensic procedure that is a non-medical examination. 14 `(5) A police officer is a qualified person for taking identifying 15 particulars. 16 `(6) Without limiting subsections (2) to (5), a person who is specifically 17 authorised under this chapter to perform a procedure that is a forensic 18 procedure is a qualified person to perform the forensic procedure. 19 `(7) If a qualified person may take a person's identifying particulars 20 under this chapter, the qualified person may also photograph the person's 21 identifying particulars. 22 `273 Limitation on forensic procedures that dentist may perform 23 `Despite section 272(2), a dentist may perform a forensic procedure only 24 to the extent necessary to-- 25 (a) examine a person's mouth; or 26 (b) take a sample of a person's saliva; or 27

s 10 16 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (c) take a dental impression of a person's mouth; or 1 (d) examine a bite mark on a person. 2 `274 When forensic procedures are authorised 3 `(1) A forensic procedure may be performed on a person under this 4 chapter if-- 5 (a) either of the following gives consent ("forensic procedure 6 consent") to the procedure being performed-- 7 (i) the person on whom it is proposed to perform the forensic 8 procedure; 9 (ii) someone else authorised under part 2 to give consent for the 10 person if the person is a child under 14 years or a person 11 with impaired capacity; or 12 (b) the procedure is performed under a forensic procedure order; or 13 (c) this chapter otherwise authorises a qualified person to perform 14 the procedure. 15 `(2) A person on whom it is proposed to perform a forensic procedure 16 may in this chapter be referred to as a "relevant person". 17 `PART 2--OBTAINING CONSENT FOR FORENSIC 18 PROCEDURE 19 `275 What pt 2 provides 20 `(1) This part states general rules-- 21 (a) for obtaining a forensic procedure consent from a person 22 suspected of committing an offence; or 23 (b) for obtaining a forensic procedure consent, that relates only to 24 the taking of a DNA sample, from a person for any of the 25 following purposes-- 26 (i) to help decide whether or not the person may be a suspect in 27 relation to an offence; 28

s 10 17 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 1 Example-- 2 Members of the community may be asked to provide DNA samples 3 for DNA analysis for comparison with the results of analysis of a 4 DNA sample seized at a crime scene. (ii) to help locate a missing person; 5 6 Example-- 7 A relative of a missing person may be asked to provide a DNA 8 sample to help locate the missing person. (iii) to help identify a deceased person or the remains of a 9 deceased person. 10 11 Example-- 12 A person may be asked to provide a DNA sample to help decide 13 whether a deceased person is a relative of the person. 14 Note-- 15 See section 281 for the explanation that must be given to a person asked to give a 16 forensic procedure consent. `(2) However, nothing in this part requires a police officer or other 17 person to obtain consent under this part to perform a forensic procedure 18 under this chapter that the person is not specifically required to have 19 consent for. 20 `(3) Also, nothing in this part requires a police officer to obtain a forensic 21 procedure consent to perform a non-intimate forensic procedure on a 22 person if the procedure does not involve the touching of the person by 23 anyone other than the person or the taking of a DNA sample. 24 `(4) Subject to subsection (1)(b), this part must not be construed as 25 requiring a police officer to act under this part to obtain the consent of a 26 person to the performance of a forensic procedure on the person if the 27 person is not suspected of having committed an offence. 28 `276 General rules about asking for consent 29 `(1) A police officer may ask a relevant person, or another person who 30 may act for the relevant person, to give a forensic procedure consent only if 31 the police officer is satisfied the person's ability to give the consent is not 32 affected by alcohol or a drug. 33 `(2) A police officer must not ask a relevant person, or another person 34 who may act for the relevant person, to give a forensic procedure consent 35

s 10 18 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 for an intimate forensic procedure unless the police officer suspects the 1 relevant person may have committed an indictable offence. 2 `(3) This section applies whether or not the relevant person has been 3 proceeded against for an offence for which the results of performing the 4 forensic procedure may be relevant. 5 `277 Special requirement for child of at least 14 6 `(1) This section applies if a police officer reasonably suspects the 7 relevant person is a child who is at least 14 years. 8 `(2) The police officer may ask the child to give a forensic procedure 9 consent. 10 `(3) The police officer must ensure a support person is present when the 11 explanation mentioned in section 2815 is given and when any consent is 12 given. 13 `(4) To assist the child to consider the explanation and decide whether or 14 not to consent, the police officer must ensure the child is given a reasonable 15 opportunity to speak to the support person in circumstances in which the 16 conversation can not be overheard, if it is reasonably practicable to do so. 17 `(5) Subsection (6) applies if the child gives a forensic procedure consent 18 relating to the performance of a non-intimate forensic procedure. 19 `(6) Before the procedure is performed a police officer must ask the child 20 whether he or she wants a support person to be present while the procedure 21 is being performed and, if the child wants a support person to be present, 22 must ensure a support person is present while the procedure is being 23 performed. 24 `278 Special requirement for child under 14 25 `(1) This section applies if a police officer reasonably suspects the 26 relevant person is a child who is under 14 years. 27 `(2) The police officer may ask a parent of the child to give a forensic 28 procedure consent for the child. 29 5 Section 281 (General requirements for giving informed forensic procedure consent)

s 10 19 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(3) If the parent gives a forensic procedure consent for the child 1 authorising the taking of a sample for DNA analysis, the sample taken must 2 be a DNA sample and not a sample of the child's blood. 3 `(4) Subsection (5) applies if the parent gives a forensic procedure 4 consent for the child relating to the performance of a non-intimate forensic 5 procedure. 6 `(5) Before the procedure is performed a police officer must ask the child 7 whether he or she wants a support person to be present while the procedure 8 is being performed and, if the child wants a support person to be present, 9 must ensure a support person is present while the procedure is being 10 performed. 11 `279 Special requirement for person with impaired capacity 12 `(1) This section applies if a police officer reasonably suspects the 13 relevant person is a person with impaired capacity. 14 `(2) The police officer may ask the person to give a forensic procedure 15 consent. 16 `(3) However, the police officer must ensure a support person is present 17 when the explanation mentioned in section 281 is given and when any 18 consent is given. 19 `(4) Also, to assist the person to consider the explanation and decide 20 whether or not to consent, the police officer must ensure the person is given 21 a reasonable opportunity to speak to the support person in circumstances in 22 which the conversation can not be overheard, if it is reasonably practicable 23 to do so. 24 `(5) If the person does not have the capacity to give a forensic procedure 25 consent, the police officer may ask a parent of the person to give the 26 consent for the person. 27 `(6) Subsection (7) applies if the parent gives a forensic procedure 28 consent for the person relating to the performance of a non-intimate 29 forensic procedure. 30 `(7) Before the procedure is performed a police officer must ask the 31 person whether he or she wants a support person to be present while the 32 procedure is being performed and, if the person wants a support person to 33 be present, must ensure a support person is present while the procedure is 34 being performed. 35

s 10 20 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `280 Consent must be informed consent 1 `(1) A police officer must ensure a person asked to give a forensic 2 procedure consent is given the explanation required under section 281 and 3 a reasonable time to consider the explanation. 4 `(2) If, under section 278(2) or 279(5) a parent is asked to give a forensic 5 procedure consent for a child or a person with impaired capacity and the 6 child or person is not present when the explanation required under 7 section 281 is given to the parent, a police officer-- 8 (a) must, to the extent that is reasonably practicable in the 9 circumstances, give the child or person an explanation of the 10 matters mentioned in section 281(1)(a) to (i); and 11 (b) must tell the child or person that he or she may object to the 12 performance of the forensic procedure. 13 `281 General requirements for giving informed forensic procedure 14 consent 15 `(1) To enable a person to give an informed forensic procedure consent, a 16 police officer must explain all the following to the person-- 17 (a) why it is proposed to perform the forensic procedure on the 18 person; 19 (b) whether it is proposed to perform an intimate forensic procedure 20 or a non-intimate forensic procedure or both; 21 (c) the general nature of the forensic procedure; 22 (d) the class of qualified person who may perform the forensic 23 procedure; 24 (e) that the person may refuse to give the consent; 25 (f) that if the person gives the consent, the person may withdraw the 26 consent before the forensic procedure is performed or while it is 27 being performed; 28 (g) if a sample may be taken for DNA analysis and sections 278(3) 29 and 3066 do not apply-- 30 6 Sections 278 (Special requirement for child under 14) and 306 (Use of DNA analysis of DNA sample taken from child under 14)

s 10 21 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (i) that the person may limit the purpose for which the results 1 of the DNA analysis may be used to the purpose stated by 2 the police officer under paragraph (a); and 3 (ii) that unless the person limits the purposes of the consent in 4 that way, the results of the DNA analysis of the sample may 5 be included in QDNA and used in a way permitted under 6 this chapter; 7 (h) if a sample may be taken for DNA analysis and sections 278(3) 8 and 306 do apply-- 9 (i) that the sample taken for DNA analysis must be a DNA 10 sample and not a sample of blood; and 11 (ii) that a DNA analysis of the sample may be used only for the 12 purpose stated by the police officer under paragraph (a); 13 (i) that the forensic procedure may provide evidence that may be 14 used in a court proceeding. 15 `(2) The police officer may give the explanation by giving the person a 16 statement, in the approved form, containing the explanation if it is 17 appropriate in the circumstances to do so. 18 `282 Recording consent 19 `(1) If a police officer gives the explanation under section 281 orally, the 20 giving of the explanation and any consent to perform the forensic 21 procedure must, if reasonably practicable, be electronically recorded. 22 `(2) Unless a forensic procedure consent is electronically recorded under 23 subsection (1), it must be written and signed by the person giving the 24 consent. 25 `(3) If a child mentioned in section 277(1) or a person with impaired 26 capacity gives a written forensic procedure consent, it must also be signed 27 by the support person present when the consent is given. 28 `(4) A person giving a written forensic procedure consent may give the 29 consent by signing an approved form for the consent. 30

s 10 22 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `283 Qualified person may perform forensic procedure 1 `A qualified person for performing a forensic procedure may perform the 2 forensic procedure on a person under a forensic procedure consent. 3 `PART 3--FORENSIC PROCEDURE ORDERS 4 `284 Application of pt 3 5 `(1) This part applies if a police officer is satisfied performing a forensic 6 procedure on a person suspected of committing an indictable offence may 7 provide evidence of the commission of the offence. 8 9 Note-- 10 In some circumstances, procedures that are forensic procedures may be performed 11 under part 4, 5 or 6.7 `(2) Also, this part applies whether or not the relevant person is dead. 12 `(3) A police officer may not apply for a forensic procedure order under 13 this part in relation to a child if-- 14 (a) the only purpose of the application is to obtain authority to take a 15 sample for DNA analysis; and 16 (b) it is practicable to make an application under section 316 ("other 17 application") for an order to take a DNA sample from the child; 18 and 19 (c) it is likely that an order made under that section can be given 20 immediate effect. 21 `(4) A police officer may not apply for a forensic procedure order under 22 this part in relation to a child if-- 23 (a) the only purpose of the application is to obtain authority to take 24 an identifying particular within the meaning of the Juvenile 25 Justice Act 1992, section 10; and 26 7 Part 4 (Identifying particulars), 5 (DNA procedures) or 6 (Non-medical examinations)

s 10 23 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (b) it is practicable to make an application under section 10 (also 1 "other application") of that Act for an order to take the 2 identifying particular from the child; and 3 (c) it is likely that an order made under that section can be given 4 immediate effect. 5 `(5) Without limiting subsection (3)(b) or (4)(b), it is taken not to be 6 practicable to make the other application if the whereabouts of the child to 7 whom it relates are not sufficiently known to the police officer to allow the 8 officer to give notice of the other application to the child. 9 `285 Application for forensic procedure order 10 `(1) A police officer may apply to a magistrate in the approved form for 11 an order ("forensic procedure order") authorising a qualified person to 12 perform an intimate or non-intimate forensic procedure, or both an intimate 13 and a non-intimate forensic procedure, on the person named in the 14 application. 15 `(2) If the person is a child, the application must be made to a Childrens 16 Court magistrate. 17 `(3) The application-- 18 (a) must be sworn and state the grounds on which it is made; and 19 (b) may be made whether or not the person has previously consented 20 to the forensic procedure being performed. 21 `(4) The magistrate may refuse to consider the application until the 22 police officer gives the magistrate the information the magistrate requires 23 about the application in the way the magistrate requires. 24 25 Example-- 26 The magistrate may require additional information supporting the application to be 27 given by statutory declaration. `286 Notice of application must ordinarily be given 28 `(1) The person to whom the application relates must be given notice in 29 the approved form of the application at least 7 days before the day the 30 application is to be heard. 31

s 10 24 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) The notice must state-- 1 (a) the grounds on which the application is made; and 2 (b) the date when and the place where the application is to be heard; 3 and 4 (c) the person may appear at the hearing and be heard on the 5 application; and 6 (d) that if the person does not appear, the application may be decided 7 in the absence of the person; and 8 (e) if the police officer making the application knows the person is in 9 lawful custody in another State, the effect of subsections (5) and 10 (6) and the address of the place where the written submissions 11 mentioned in subsection (5) may be sent. 12 `(3) If the person appears at the time and place stated in the notice, the 13 person is entitled to be heard on the application. 14 `(4) If the person does not appear at the time and place stated in the 15 notice, the application may be decided in the absence of the person. 16 `(5) If the person is in lawful custody in another State, the magistrate 17 may receive submissions about the application through the person's lawyer, 18 in writing from the person or by using technology allowing reasonably 19 contemporaneous and continuous communication between the magistrate 20 and the person. 21 `(6) Written submissions made under subsection (5) need not be 22 considered by the magistrate unless they are received at the place where the 23 application is to be heard before the date the application is heard. 24 `(7) Subsection (1) does not apply if the person is dead. 25 `(8) This section is subject to section 287. 26 `287 When notice of application need not be given etc. 27 `(1) This section applies if the magistrate is satisfied-- 28 (a) a police officer has made a reasonable attempt to locate the 29 person to whom the application relates and was unable to locate 30 the person; or 31 (b) the person is likely to abscond if given notice of the application; 32 or 33

s 10 25 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (c) evidence that may be obtained by performing the forensic 1 procedure to which the application relates on the person is likely 2 to be lost or destroyed if the person is given notice of the 3 application; or 4 (d) giving notice of the application to the person may jeopardise the 5 investigation of any indictable offence the person is suspected of 6 having committed because-- 7 (i) evidence relating to the offence may be concealed, 8 fabricated or destroyed; or 9 (ii) a witness may be intimidated; or 10 (iii) an accomplice or accessory of the person may take steps to 11 avoid apprehension 12 `(2) The person is not entitled to be given notice of the application under 13 section 286 or to be heard on the application. 14 `288 Making forensic procedure order 15 `(1) A magistrate may make a forensic procedure order in relation to a 16 person only if satisfied on the balance of probabilities there are reasonable 17 grounds for believing performing the forensic procedure concerned on the 18 person may provide evidence of the commission of an indictable offence 19 the person is suspected of having committed (a "suspected offence") and 20 carrying out the forensic procedure is justified in the circumstances. 21 `(2) In deciding whether performing the forensic procedure on the 22 person is justified in the circumstances, the magistrate must balance the 23 rights and liberties of the person and the public interest. 24 `(3) In balancing those interests the magistrate may have regard to any of 25 the following matters-- 26 (a) the seriousness of the circumstances surrounding the commission 27 of the suspected offence and the gravity of that offence; 28 (b) the degree of the person's alleged participation in the 29 commission of the suspected offence; 30 (c) the age and physical and mental health of the person, to the 31 extent they are known to the magistrate or can be reasonably 32 discovered by the magistrate (by asking the person or otherwise); 33

s 10 26 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (d) if the person is a child or a person with impaired capacity--the 1 welfare of the person; 2 (e) whether there is a less intrusive but reasonably practicable way 3 of obtaining evidence tending to confirm or disprove that the 4 person committed the suspected offence; 5 (f) if the person has been asked for and refused to give a forensic 6 procedure consent in relation to the suspected offence--the 7 reasons for the refusal to the extent they are known to the 8 magistrate or can be reasonably discovered by the magistrate (by 9 asking the person or otherwise); 10 (g) if the person is in custody for the suspected offence-- 11 (i) the period for which the person has already been detained; 12 and 13 (ii) the reason for any delay in applying for the forensic 14 procedure order; 15 (h) any other matter the magistrate considers relevant to balancing 16 those interests. 17 `289 What forensic procedure order must state 18 `A forensic procedure order must state-- 19 (a) the relevant person's name; and 20 (b) that a forensic procedure may be performed on the person by a 21 qualified person; and 22 (c) whether a qualified person may perform-- 23 (i) an intimate forensic procedure; or 24 (ii) a non-intimate forensic procedure; or 25 (iii) both an intimate and a non-intimate forensic procedure; and 26 (d) that a police officer may exercise the powers in section 291. 27 `290 When forensic procedure order ends 28 `(1) A forensic procedure order stops having effect when the forensic 29 procedure authorised under the order is completed. 30

s 10 27 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) However, if a doctor is performing an intimate forensic procedure 1 under the order and decides to also perform a non-intimate procedure under 2 section 318ZA(3),8 the order extends to the performance of the 3 non-intimate procedure and stops having effect when both procedures are 4 completed. 5 `291 Powers for enforcing forensic procedure order 6 `(1) For enforcing a forensic procedure order, a police officer has the 7 following powers-- 8 (a) power to detain the relevant person for a reasonable time and take 9 the person to a place with appropriate facilities and persons for 10 performing the relevant forensic procedure; 11 (b) power to direct the relevant person-- 12 (i) to attend at a stated place on a stated day or between stated 13 hours, within 7 days after the direction is given to the person 14 to enable the relevant forensic procedure to be performed; 15 and 16 (ii) to stay at the place for the time reasonably necessary to 17 enable the relevant procedure to be performed. 18 `(2) Subsection (1)(a) applies whether or not the relevant person is given 19 a direction under subsection (1)(b). 20 `292 Order must be given before forensic procedure is performed 21 `(1) A police officer must give a copy of a forensic procedure order to a 22 relevant person before a qualified person performs a forensic procedure on 23 the person under the order. 24 `(2) Subsection (1) does not apply if the person is unconscious or dead. 25 `293 Qualified person may perform forensic procedure 26 `A qualified person for performing a forensic procedure may perform the 27 forensic procedure on a person under a forensic procedure order. 28 8 Section 318ZA (Doctor's powers)

s 10 28 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `PART 4--IDENTIFYING PARTICULARS 1 `Division 1--Particular provisions about taking identifying particulars 2 `294 Taking identifying particulars of person in custody 3 `(1) If a person is in custody for an identifying particulars offence the 4 charge of which has not been decided, a police officer may take or 5 photograph all or any of the person's identifying particulars. 6 `(2) If the person is to be released after arrest for the offence, a police 7 officer may detain the person for the time reasonably necessary to take or 8 photograph all or any of the person's identifying particulars. 9 `(3) If the offence involves the conduct of a number of persons acting 10 alone or together, a police officer may photograph the person at the scene 11 of the arrest before taking or photographing all or any of the person's 12 identifying particulars. 13 `295 Taking identifying particulars--proceeding started by notice to 14 appear or complaint and summons 15 `(1) This section applies if a police officer decides to start a proceeding 16 against a person, other than a child, for an identifying particulars offence 17 by notice to appear or complaint and summons. 18 `(2) Within a reasonable time before, or immediately after, serving the 19 notice to appear or complaint and summons, a police officer may detain the 20 person for the time reasonably necessary to take or photograph all or any of 21 the person's identifying particulars and take or photograph those 22 particulars. 23 `Division 2--Taking identifying particulars under identifying particulars 24 notice 25 `296 Application of div 2 26 `This division applies if a police officer decides to start, or continues, a 27 proceeding against a person, other than a child, for an identifying 28

s 10 29 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 particulars offence by notice to appear or complaint and summons and 1 decides it is not necessary to immediately take the identifying particulars. 2 `297 Identifying particulars notice may be given 3 `(1) A police officer may, by written notice ("identifying particulars 4 notice") given to the person, require the person-- 5 (a) to report to a police officer at a stated police station or police 6 establishment within 7 days after the issue of the notice to enable 7 a police officer to take or photograph all or any of the person's 8 identifying particulars; and 9 (b) to stay at the police station or police establishment for the time 10 reasonably necessary to enable the identifying particulars to be 11 taken or photographed. 12 `(2) The identifying particulars notice-- 13 (a) may state the days and times within which the person must attend 14 the police station or police establishment; and 15 (b) must state-- 16 (i) it is an offence to fail to comply with the notice; and 17 (ii) that, before the identifying particulars are taken, the person 18 must produce satisfactory evidence of his or her identity; 19 and 20 (c) must be given to the person with the notice to appear or 21 complaint and summons; and 22 (d) must be signed by the police officer giving the notice. 23 `(3) If the person attends at a police station or police establishment as 24 required under the identifying particulars notice, a police officer may take 25 or photograph all or any of the person's identifying particulars. 26 `Division 3--Taking identifying particulars under court order 27 `298 Court may order taking of identifying particulars 28 `(1) This section applies if, in a proceeding for an identifying particulars 29 offence against a person other than a child, a court is satisfied it is 30

s 10 30 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 necessary to take or photograph the person's identifying particulars to 1 help-- 2 (a) identify the person in relation to the offence or another offence 3 the person is suspected of having committed; or 4 (b) confirm the person's identity; or 5 (c) find out the person's criminal history; or 6 (d) keep criminal records. 7 `(2) The court may make either of the following orders-- 8 (a) an order that a police officer may detain the person to enable a 9 police officer to take or photograph all or any of the person's 10 identifying particulars; 11 (b) an order-- 12 (i) that the person-- 13 (A) report to a police officer at a stated police station or 14 police establishment on a stated day or between stated 15 hours within 7 days; and 16 (B) stay at the place for the time reasonably necessary to 17 enable a police officer to take or photograph all or any 18 of the person's identifying particulars; and 19 (ii) authorising a police officer to detain the person to enable a 20 police officer to take or photograph all or any of the person's 21 identifying particulars if the person does not comply with 22 subparagraph (i). 23 `(3) A person must not contravene an order made under 24 subsection (2)(b), unless the person has a reasonable excuse. 25 Maximum penalty--2 years imprisonment. 26 `(4) It is not a reasonable excuse for the person to contravene the order 27 that complying with it may tend to incriminate the person. 28 `299 Detention for taking identifying particulars 29 `(1) A police officer may, to give effect to an order made under 30 section 298(2)(a) or (b)(ii), detain the person. 31

s 10 31 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) If the person is not already in custody, the time for which the person 1 may be detained is-- 2 (a) 1 hour; or 3 (b) a longer reasonably necessary time, having regard to the 4 particular circumstances. 5 `300 Who may take identifying particulars 6 `Any police officer may take or photograph all or any of the identifying 7 particulars of a person to whom an order made under section 298(2) relates. 8 `Division 4--Destruction of identifying particulars 9 `301 Destruction of identifying particulars 10 `(1) If a person is found not guilty of an identifying particulars offence or 11 is not further proceeded against for the offence, any identifying particulars 12 taken under this part in relation to the offence must be destroyed within a 13 reasonable time in the presence of a justice. 14 `(2) Subsection (1) does not apply if-- 15 (a) the person has been proceeded against for another identifying 16 particulars offence the charge of which has not been decided; or 17 (b) the person has previously been found guilty of another 18 identifying particulars offence, whether before or after the 19 commencement of this section; or 20 (c) the identifying particulars are required for the investigation of 21 another identifying particulars offence the person is reasonably 22 suspected of having committed; or 23 (d) the person is not proceeded against for the identifying particulars 24 offence because he or she has been found incapable of standing 25 trial because of mental illness. 26 `(3) If, because of subsection (2)(a), a person's identifying particulars 27 are not destroyed and the person is found not guilty of the other identifying 28 particulars offence or the charge of that other offence is not proceeded 29 with, the identifying particulars must be destroyed within a reasonable time 30 after the relevant event happens. 31

s 10 32 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(4) However, the identifying particulars must not be destroyed under 1 subsection (3) if subsection (2) continues to apply to the person. 2 `(5) In this section-- 3 "identifying particulars", of a person, includes a photograph of the 4 identifying particulars. 5 `PART 5--DNA PROCEDURES 6 `Division 1--Preliminary provisions about DNA sampling and DNA 7 analysis 8 `302 Taking DNA sample by doctor or nurse 9 `A DNA sampler who is a doctor or nurse may take a DNA sample from 10 a person for DNA analysis under this chapter only if asked by a police 11 officer to do so. 12 `303 Commissioner may authorise police officers to take DNA samples 13 `(1) The commissioner may authorise a police officer to take DNA 14 samples. 15 `(2) However, the commissioner may authorise a police officer only if 16 the commissioner is satisfied the police officer-- 17 (a) has the necessary experience or expertise to be able to take the 18 samples; or 19 (b) has satisfactorily completed a course of training approved by the 20 commissioner for the purpose. 21 `304 Where DNA sample may be taken 22 `A DNA sampler may take a DNA sample from a person at a location in 23 any of the following places that provide reasonable privacy for the 24 person-- 25 (a) a police station or police establishment; 26

s 10 33 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (b) a hospital; 1 (c) a prison or detention centre; 2 (d) another place the sampler considers is appropriate in the 3 circumstances. 4 `305 How DNA samples may be taken 5 `A DNA sampler may take a DNA sample from a person only by-- 6 (a) having the person use a mouth swab to swab the person's mouth; 7 or 8 (b) collecting hair, including roots of the hair, from the person. 9 `Division 2--Taking DNA sample from particular persons with consent 10 `306 Use of DNA analysis of DNA sample taken from child under 14 11 `(1) This section applies if a forensic procedure consent authorises a 12 DNA sample to be taken from a child under 14 years. 13 `(2) A DNA analysis of the sample may be used only for the purpose for 14 which the consent was given. 15 `307 Taking DNA sample from person with impaired capacity 16 `(1) This section applies if a forensic procedure consent authorises a 17 DNA sample to be taken from a person with impaired capacity. 18 `(2) A police officer must ensure a support person is present when the 19 sample is being taken if it is reasonably practicable to do so. 20

s 10 34 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `Division 3--Taking DNA samples after proceedings commenced and 1 from certain prisoners 2 `308 Taking DNA sample if proceeding started or continued against 3 an adult by arrest, notice to appear or complaint and summons 4 etc. 5 `(1) This section applies if-- 6 (a) a police officer starts or continues a proceeding for an indictable 7 offence against an adult by arrest; or 8 (b) a police officer starts a proceeding for an indictable offence 9 against an adult by a notice to appear or complaint and summons. 10 `(2) A police officer may detain the person for a reasonable time, of not 11 more than 1 hour, to obtain the approval of a senior officer under 12 subsection (3) to take a DNA sample from the person. 13 `(3) A police officer may, with the approval of a senior officer, detain the 14 person for the time reasonably necessary to take a DNA sample from the 15 person and, if necessary, take the person to a place mentioned in 16 section 304(a), (b) or (d)9 for the purpose. 17 `(4) Before approving the detention of the person, the senior officer must 18 have regard to the rights and liberties of the person and the public interest. 19 `(5) A DNA sampler may take a DNA sample for DNA analysis from a 20 person detained under an approval of a senior officer under this section. 21 `(6) In this section-- 22 "senior officer" means-- 23 (a) if the police officer investigating the offence holds rank below the 24 rank of senior sergeant--a police officer of at least the rank of 25 senior sergeant; or 26 (b) if the police officer investigating the offence holds the rank of 27 senior sergeant or above--a police officer who is more senior 28 than the investigating officer. 29 9 Section 304 (Where DNA sample may be taken)

s 10 35 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `309 DNA sample notice 1 `(1) This section applies if a police officer-- 2 (a) starts or continues a proceeding for an indictable offence against 3 an adult by arrest and intends to release the person under 4 section 209(2)(b);10 or 5 (b) decides to start, or continues, a proceeding for an indictable 6 offence against an adult by a notice to appear or complaint and 7 summons; 8 and decides it is not necessary to immediately take a DNA sample from the 9 person. 10 `(2) With the approval of a senior officer, a police officer may, by written 11 notice ("DNA sample notice"), require the person to report to a police 12 officer at a stated police station or police establishment to enable a DNA 13 sampler to take a DNA sample from the person. 14 `(3) The senior officer must not approve the issue of the DNA sample 15 notice unless satisfied, having regard to the rights and liberties of the 16 person and the public interest, taking a DNA sample is reasonably 17 necessary in the particular circumstances. 18 `(4) A DNA sampler may take a DNA sample for DNA analysis from a 19 person who attends at a police station or police establishment as required 20 under a DNA sample notice. 21 `(5) In this section-- 22 "senior officer" means-- 23 (a) if the police officer investigating the offence holds rank below the 24 rank of senior sergeant--a police officer of at least the rank of 25 senior sergeant; or 26 (b) if the police officer investigating the offence holds the rank of 27 senior sergeant or above--a police officer who is more senior 28 than the investigating officer. 29 10 Section 209 (Additional case when arrest of adult may be discontinued)

s 10 36 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `310 Requirements for DNA sample notice 1 `A DNA sample notice-- 2 (a) must require the relevant person to report to a police officer at a 3 stated police station or police establishment-- 4 (i) within 7 days after the issue of the notice; or 5 (ii) on a stated day or within stated hours within 7 days after the 6 issue of the notice; 7 to enable a DNA sampler to take a DNA sample from the person 8 for DNA analysis; and 9 (b) must state-- 10 (i) it is an offence to fail to comply with the notice; and 11 (ii) that, before the DNA sample is taken, the person must 12 produce to a police officer satisfactory evidence of his or her 13 identity; and 14 (c) must be given to the person-- 15 (i) if section 309(1)(a) applies, with the notice to appear or 16 summons mentioned in section 209(2)(b); or 17 (ii) if section 309(1)(b) applies, with the notice to appear or 18 complaint and summons; and 19 (d) must be signed by the police officer giving the notice. 20 `311 Taking DNA sample from adult before court 21 `(1) This section applies if, in a proceeding against an adult for an 22 indictable offence, a court is satisfied it is reasonably necessary, having 23 regard to the rights and liberties of the person and the public interest, to 24 take a DNA sample for DNA analysis from the person. 25 `(2) The court may make either of the following orders-- 26 (a) an order that a police officer may detain the person to enable a 27 DNA sampler to take a DNA sample from the person for DNA 28 analysis; 29 (b) an order-- 30 (i) that the person report to a police officer at a stated police 31 station or police establishment within 7 days, or on a stated 32

s 10 37 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 day or within stated hours within 7 days, to enable a DNA 1 sampler to take a DNA sample from the person for DNA 2 analysis; and 3 (ii) authorising a police officer to detain the person to enable a 4 DNA sampler to take a DNA sample from the person for 5 DNA analysis if the person does not comply with 6 subparagraph (i). 7 `(3) A person must not contravene an order made under 8 subsection (2)(b), unless the person has a reasonable excuse. 9 Maximum penalty--2 years imprisonment. 10 `(4) It is not a reasonable excuse for the person to contravene the order 11 that complying with it may tend to incriminate the person. 12 `(5) A DNA sampler may take a DNA sample for DNA analysis from a 13 person who is detained under an order made under subsection (2)(a) or (b) 14 or reports to a police station or police establishment as required under an 15 order made under subsection (2)(b). 16 `312 Taking DNA sample after finding of guilt 17 `(1) This section applies if a court finds an adult guilty of an indictable 18 offence, including an indictable offence that is dealt with summarily. 19 `(2) The court may make either of the following orders-- 20 (a) an order that a police officer may detain the person to enable a 21 DNA sampler to take a DNA sample from the person for DNA 22 analysis; 23 (b) an order-- 24 (i) that the person report to a police officer at a stated police 25 station or police establishment within 7 days, or on a stated 26 day or within stated hours within 7 days, to enable a DNA 27 sampler to take a DNA sample from the person for DNA 28 analysis; and 29 (ii) authorising a police officer to detain the person to enable a 30 DNA sampler to take a DNA sample from the person for 31 DNA analysis if the person does not comply with 32 subparagraph (i). 33

s 10 38 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(3) A person must not contravene an order made under 1 subsection (2)(b), unless the person has a reasonable excuse. 2 Maximum penalty--2 years imprisonment. 3 `(4) It is not a reasonable excuse for the person to contravene the order 4 that complying with it may tend to incriminate the person. 5 `(5) A DNA sampler may take a DNA sample for DNA analysis from a 6 person who is detained under an order made under subsection (2)(a) or (b) 7 or reports to a police station or police establishment as required under an 8 order made under subsection (2)(b). 9 `(6) If the application for the order is not made at the time, or soon after, 10 the person is found guilty of the indictable offence, the court must consider 11 whether it is appropriate to make the order having regard to the period of 12 time that has elapsed since the finding of guilt and any reason given for the 13 delay in making the application. 14 `313 Detention for taking DNA sample 15 `(1) To give effect to an order made under section 311(2)(a) or (b)(ii) or 16 312(2)(a) or (b)(ii), a police officer may detain the person. 17 `(2) If the person is not already in custody, the time for which the person 18 may be detained is-- 19 (a) 1 hour; or 20 (b) a longer reasonably necessary time, having regard to the 21 particular circumstances. 22 `314 Taking DNA sample from prisoner in corrective services facility 23 `(1) This section applies to a prisoner who is serving a term of 24 imprisonment for an indictable offence, including an indictable offence that 25 is dealt with summarily. 26 `(2) If the person is detained in a corrective services facility, a DNA 27 sampler may, under an arrangement between the commissioner and the 28 person in charge of the facility-- 29 (a) enter the facility; and 30

s 10 39 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (b) detain the prisoner and take the prisoner to an appropriate place 1 in the facility for the purpose of taking a DNA sample from the 2 prisoner for DNA analysis; and 3 (c) take the DNA sample from the prisoner. 4 `(3) A corrective services officer under the Corrective Services Act 2000 5 may be present when the DNA sample is taken. 6 `(4) This section expires 1 year after it commences. 7 `315 Taking DNA sample from transferred prisoner 8 `(1) This section applies to a transferred prisoner who is detained in a 9 corrective services facility. 10 `(2) A DNA sampler may, under an arrangement between the 11 commissioner and the person in charge of the facility-- 12 (a) enter the facility; and 13 (b) detain the prisoner and take the prisoner to an appropriate place 14 in the facility for the purpose of taking a DNA sample from the 15 prisoner for DNA analysis; and 16 (c) take the DNA sample from the prisoner. 17 `(3) A corrective services officer under the Corrective Services Act 2000 18 may be present when the DNA sample is taken. 19 `(4) This section has effect from when section 314 expires. 20 `(5) In this section-- 21 "transferred prisoner" means-- 22 (a) a prisoner who-- 23 (i) was transferred to Queensland from another State under an 24 arrangement under the Prisoners (Interstate Transfer) Act 25 1982; and 26 (ii) is serving a term of imprisonment for an indictable offence 27 committed in the other State, even though the offence was 28 dealt with summarily; or 29 (b) a prisoner who-- 30 (i) is transferred to Australia from another country under the 31 International Transfer of Prisoners Act 1997 (Cwlth) and is 32

s 10 40 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 detained in a Queensland prison under an arrangement 1 made under section 50 of that Act between the 2 Governor-General and the Governor; and 3 4 Note-- 5 The Governor may make the arrangement under the Prisoners 6 International Transfer (Queensland) Act 1997, section 8. (ii) is serving a term of imprisonment for an offence that, if 7 committed in Australia, would be an indictable offence. 8 `316 Taking DNA sample from child 9 `(1) This section applies if a police officer-- 10 (a) starts or continues a proceeding for an indictable offence against 11 a child by arrest, notice to appear or complaint and summons; 12 and 13 (b) considers it is reasonably necessary to take a DNA sample from 14 the child for DNA analysis. 15 `(2) The police officer may apply to the Childrens Court for an order 16 authorising a DNA sampler to take a DNA sample from the child for DNA 17 analysis. 18 `(3) The police officer must give notice of the application to-- 19 (a) the child; and 20 (b) a parent of the child, unless a parent can not be found after 21 reasonable inquiry; and 22 (c) the chief executive (family services) or a person, nominated by 23 that chief executive for the purpose, who holds an office within 24 the department for which that chief executive has responsibility. 25 `(4) The court may order the taking of a DNA sample if satisfied-- 26 (a) an indictable offence has been committed; and 27 (b) the child is reasonably suspected of having committed the 28 offence; and 29 (c) a DNA analysis may tend to prove or disprove the child's 30 involvement in the offence. 31

s 10 41 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(5) If the child will not be in custody when the sample is proposed to be 1 taken, the order-- 2 (a) must require the child to report to a police officer at a stated 3 police station or police establishment within 7 days, or on a 4 stated day or within stated hours within 7 days, to enable a DNA 5 sampler to take a DNA sample from the person for DNA 6 analysis; and 7 (b) authorise a police officer to detain the child and take the child to 8 an appropriate place to enable a DNA sample to be taken from 9 the child for DNA analysis if the child does not comply with 10 paragraph (a). 11 `(6) A child named in an order made under subsection (4) that contains a 12 requirement mentioned in subsection (5) must not contravene the order, 13 unless the child has a reasonable excuse. 14 Maximum penalty--10 penalty units. 15 `(7) For subsection (6)-- 16 (a) it is a reasonable excuse for the child to contravene the order that 17 a copy of the order has not been given to the child; and 18 (b) it is not a reasonable excuse for the child to contravene the order 19 that complying with it may tend to incriminate the child. 20 `(8) A DNA sampler may take a DNA sample from the child if the child 21 is in custody, attends at a police station or police establishment as required 22 under an order made under subsection (5) or is detained under an order 23 made under that subsection. 24 `(9) To give effect to an order made under subsection (4) or (5)(b), a 25 police officer may detain the child. 26 `(10) If the child is not already in custody, the time for which the child 27 may be detained is-- 28 (a) 1 hour; or 29 (b) a longer reasonably necessary time, having regard to the 30 particular circumstances. 31 `(11) In this section-- 32 "parent", of a child, includes an approved foster carer of the child under 33 the Child Protection Act 1999. 34

s 10 42 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `Division 4--Taking DNA samples from prisoners released under 1 post-prison community based release orders 2 `317 Application of div 4 and non-application of pt 2 3 `(1) This division applies to a prisoner who-- 4 (a) is serving a term of imprisonment for an indictable offence, 5 including an indictable offence that is dealt with summarily; and 6 (b) is the subject of a post-prison community based release order. 7 `(2) Part 2 does not apply in relation to the asking for, or giving of, a 8 forensic procedure consent under this division or the performance of the 9 forensic procedure under the consent. 10 `318 Definitions for div 4 11 In this division-- 12 "post-prison community based release order" see the Corrective 13 Services Act 2000, schedule 3. 14 "prescribed indictable offence" means any of the following indictable 15 offences-- 16 · an offence against the Criminal Code, section 210 17 · murder 18 · grievous bodily harm 19 · rape 20 · robbery. 21 22 Note-- 23 For the offences see the Criminal Code, sections 210 (Indecent treatment of 24 children under 16), 300 (Unlawful homicide), 320 (Grievous bodily harm), 25 349 (Rape) and 409 (Definition of "robbery"). `318A Prisoner serving term of imprisonment for prescribed 26 indictable offence 27 `(1) This section applies if the indictable offence for which the prisoner 28 is serving the term of imprisonment is a prescribed indictable offence. 29

s 10 43 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) A police officer may by written notice given to the prisoner, require 1 the prisoner to report to a police officer at a stated police station or police 2 establishment to enable a DNA sampler to take a DNA sample from the 3 prisoner for DNA analysis. 4 `(3) The notice must be in the form of a DNA sample notice under 5 section 310(a), (b) and (d). 6 `(4) A DNA sampler may take a DNA sample for DNA analysis from a 7 prisoner who attends at a place under the notice. 8 `318B Prisoner serving term of imprisonment for other indictable 9 offences 10 `(1) This section applies if the indictable offence for which the prisoner 11 is serving the term of imprisonment is not a prescribed indictable offence. 12 `(2) A police officer may by notice in the approved form given to the 13 prisoner ask the prisoner for a forensic procedure consent to the taking of a 14 DNA sample from the prisoner. 15 `(3) The prisoner may give the forensic procedure consent by signing an 16 approved form for the consent. 17 `(4) If the prisoner consents, a DNA sampler may take a DNA sample for 18 DNA analysis from the prisoner. 19 `318C General requirements for giving informed consent 20 `(1) To enable the prisoner to give an informed consent, the approved 21 form must state the following-- 22 (a) the results of the DNA analysis of the DNA sample may be 23 included in QDNA and used in a way permitted under this 24 chapter; 25 (b) how a DNA sample may be taken and where it may be taken 26 from; 27 (c) the class of qualified person who may take the DNA sample; 28 (d) that the prisoner may refuse to give the consent; 29 (e) that if the prisoner gives the consent, the prisoner may withdraw 30 the consent before the DNA sample is taken or while it is being 31 taken; 32

s 10 44 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (f) that the results of the DNA analysis may provide evidence that 1 may be used in a court proceeding. 2 `318D Application to court under s 312 for order 3 `(1) This section applies if a prisoner is asked to consent to the taking of 4 a DNA sample under section 318B and the person fails to consent or 5 withdraws the consent. 6 `(2) A police officer may apply to a court under section 312 for an order 7 under that section. 8 `318E Court make order despite time that has elapsed since finding of 9 guilt 10 `(1) In deciding an application made under section 318D the time that 11 has elapsed since the prisoner was found guilty of any indictable offence is 12 immaterial. 13 `(2) This section applies despite section 312(6). 14 `318F Expiry of div 4 15 `This division expires 1 year after it commences. 16 `Division 5--Analysis and use of DNA samples 17 `318G Power to analyse etc. DNA samples 18 `(1) It is lawful for a police officer or a person acting under an 19 arrangement between the commissioner and the chief executive (health)-- 20 (a) to perform a DNA analysis of a DNA sample taken under this 21 chapter or received from a declared law enforcement agency; and 22 (b) to perform any further analysis of a DNA sample that may be 23 reasonably necessary for ensuring the accuracy of an earlier 24 analysis; and 25 (c) to keep a DNA sample and the results of a DNA analysis of the 26 sample until they are required under this part to be destroyed; and 27

s 10 45 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (d) to take the steps reasonably necessary to ensure the results of the 1 analysis are included in QDNA; and 2 (e) to compare the results of a DNA analysis of a DNA sample with 3 other results of DNA analyses of samples, whether or not DNA 4 samples, to which the police officer or person has access. 5 `(2) A DNA sample mentioned in subsection (1)(c) must be kept in a 6 secure place. 7 `(3) It is lawful for a police officer to use the results of any DNA analysis 8 for performing any function of the police service. 9 `318H When DNA sample taken from suspected person and results 10 must be destroyed 11 `(1) A DNA sample taken from a person suspected of having committed 12 an indictable offence and the results of a DNA analysis of the sample must 13 be destroyed within a reasonably practicable time after the end of 1 year 14 from-- 15 (a) if the person's arrest for the indictable offence is discontinued 16 under section 208(1) or 211(6)11--the day the arrest is 17 discontinued; or 18 (b) if the proceeding for the indictable offence is discontinued before 19 a court--the day the proceeding is discontinued; or 20 (c) if the person is found not guilty of the indictable offence, 21 including on appeal--the day the person is found not guilty of 22 the offence; or 23 (d) if a proceeding for the indictable offence is not started within 24 1 year after the sample is taken--the day the sample is taken. 25 `(2) Subsection (1) does not apply if-- 26 (a) the person has been proceeded against for another indictable 27 offence the charge of which has not been decided; or 28 (b) the person has been found guilty of another indictable offence, 29 including an indictable offence dealt with summarily, whether 30 before or after the commencement of this section; or 31 11 Section 208 (When arrest may be discontinued--general rule) or 211 (Additional case when arrest for minor drugs offence may be discontinued)

s 10 46 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (c) the DNA sample and the results of the DNA analysis of the 1 sample are required for the investigation of another indictable 2 offence the person is reasonably suspected of having committed; 3 or 4 (d) the person is not proceeded against for an indictable offence 5 because he or she has been found unfit for trial because of mental 6 illness. 7 `(3) Subsection (1) does not apply if the DNA sample was taken under a 8 forensic procedure consent and the person has not, under 9 section 281(1)(g),12 limited the purpose for which the sample may be used 10 under the consent. 11 `(4) Subsection (1) does not apply to a DNA sample taken from a 12 prisoner under section 314 or 315 or division 4,13 or the results of a DNA 13 analysis of the sample, other than to the extent subsection (1)(c) applies to 14 the offence for which the person was imprisoned. 15 `(5) For subsection (1), the results of a DNA analysis may be destroyed 16 by deleting any information in QDNA that identifies the person from whom 17 the DNA sample was taken with the results obtained by analysing the 18 sample. 19 `Division 6--DNA databases 20 `318I State DNA database 21 `(1) The commissioner may record information obtained by a DNA 22 analysis of a DNA sample taken under this chapter in a database in 23 Queensland that is approved by the commissioner ("QDNA"). 24 `(2) The commissioner may also include in QDNA-- 25 (a) information held by or for the commissioner and obtained by a 26 DNA analysis of either of the following-- 27 (i) a sample, including blood, taken before or after the 28 commencement of this section; 29 12 Section 281 (General requirements for giving informed forensic procedure consent) 13 Section 314 (Taking DNA sample from prisoner in corrective services facility), 315 (Taking DNA sample from transferred prisoner) or division 4 (Taking DNA samples from prisoners released under post-prison community based release orders)

s 10 47 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (ii) a thing a police officer reasonably suspects is evidence of 1 the commission of an offence; and 2 (b) information obtained under an arrangement made under 3 section 318ZY;14 and 4 (c) information obtained from a declared law enforcement agency if 5 there is no arrangement made under section 318ZY relevant to 6 the information. 7 `(3) If the commissioner considers it appropriate, the information may 8 also be included in an appropriate QDNA index. 9 `(4) If the commissioner considers it appropriate, the commissioner 10 may-- 11 (a) transfer information from one QDNA index to another QDNA 12 index; or 13 (b) use information in one QDNA index for the purposes of another 14 QDNA index; or 15 (c) compare information within a QDNA index; or 16 (d) compare information in one QDNA with information in another 17 QDNA index. 18 `318J Transmitting information to CrimTrac 19 `(1) The commissioner may transmit to CrimTrac information kept in 20 QDNA for inclusion in the CrimTrac database for the purpose of CrimTrac, 21 on behalf of the commissioner-- 22 (a) comparing the information; or 23 (b) comparing the information with other information supplied to 24 CrimTrac by a declared law enforcement agency. 25 `(2) The comparison mentioned in subsection (1) may happen at any 26 time. 27 `(3) The commissioner may enter into an arrangement with CrimTrac 28 about how, and in what circumstances, information transmitted to it by the 29 commissioner may be compared, kept or otherwise managed. 30 14 Section 318ZY (Ministerial arrangements)

s 10 48 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(4) Subsection (1) is not dependent on the existence of an arrangement 1 made under section 318ZY.15 2 `318K Use of QDNA or CrimTrac database 3 `It is lawful for the commissioner to use QDNA or the CrimTrac 4 database for performing any function of the police service. 5 `318L Limitation on use of results of DNA analysis 6 `(1) The use of the results of a DNA analysis under section 318G, 7 318I(4), 318J or 318K is subject to-- 8 (a) any limitation made under section 281(1)(g)16 that applies to that 9 analysis; or 10 (b) section 306.17 11 `(2) The results of a DNA analysis must not be compared with the results 12 of another DNA analysis that is in a QDNA index unless a table prescribed 13 under a regulation permits the comparison. 14 `(3) The table must not permit a comparison that is contrary to-- 15 (a) any limitation made under section 281(1)(g) that applies to that 16 analysis; or 17 (b) section 306. 18 `(4) A regulation may exempt a comparison of the results of DNA 19 analyses from subsection (2). 20 `(5) A regulation may prescribe the types of QDNA indexes and the type 21 of information that may be included in each index. 22 15 Section 318ZY (Ministerial arrangements) 16 Section 281 (General requirements for giving informed forensic procedure consent) 17 Section 306 (Use of DNA analysis of DNA sample taken from child under 14)

s 10 49 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `PART 6--NON-MEDICAL EXAMINATIONS 1 `318M Application of pt 6 2 `This part applies if a police officer is satisfied performing a non-medical 3 examination on a person may provide evidence of the commission of an 4 indictable offence. 5 `318N Definition for pt 6 6 `In this part-- 7 "authorised police officer" means-- 8 (a) if the police officer seeking approval under section 318P(3)-- 9 (i) holds rank below the rank of senior sergeant--a police 10 officer of at least the rank of senior sergeant; or 11 (ii) holds the rank of senior sergeant or above--a police officer 12 who is more senior than the police officer seeking approval; 13 or 14 (b) in any case-- 15 (i) the police officer in charge of a police station or police 16 establishment; or 17 (ii) a police officer performing functions for the police service 18 as a scientific officer or scenes of crime officer. 19 `318O Commissioner may authorise police officer to perform 20 non-medical examinations 21 `(1) The commissioner may authorise a police officer to perform 22 non-medical examinations. 23 `(2) However, the commissioner may authorise a police officer only if 24 the commissioner is satisfied the police officer-- 25 (a) has the necessary experience or expertise to be able to perform 26 the examinations; or 27 (b) has satisfactorily completed a course of training approved by the 28 commissioner for the purpose. 29

s 10 50 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `318P Examination if proceeding started against adult by arrest, 1 notice to appear or complaint and summons 2 `(1) This section applies if a police officer-- 3 (a) starts or continues a proceeding for an indictable offence against 4 an adult by arrest; or 5 (b) starts a proceeding for an indictable offence against an adult by 6 notice to appear or complaint and summons. 7 `(2) A police officer may detain the person for a reasonable time, of not 8 more than 1 hour, to obtain the approval of an authorised police officer 9 under subsection (3) to perform a non-medical examination on the person. 10 `(3) A police officer may, with the approval of an authorised police 11 officer, detain the person for the time reasonably necessary to perform the 12 examination on the person and, if necessary, take the person to a place with 13 appropriate facilities for performing the examination. 14 `(4) Before approving the detention of the person, the authorised police 15 officer must be satisfied performing the examination may provide evidence 16 of the commission of an indictable offence. 17 `(5) An authorised examiner may perform a non-medical examination on 18 a person detained under an approval of an authorised police officer under 19 this section. 20 `318Q Non-medical examination notice 21 `(1) This section applies if a police officer-- 22 (a) starts or continues a proceeding for an indictable offence against 23 an adult by arrest and intends to release the person under 24 section 209(2)(b);18 or 25 (b) decides to start, or continues, a proceeding for an indictable 26 offence against an adult by notice to appear or complaint and 27 summons; 28 and decides it is not necessary to immediately perform a non-medical 29 examination on the person. 30 18 Section 209 (Additional case when arrest of adult may be discontinued)

s 10 51 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) With the approval of an authorised police officer, a police officer 1 may, by written notice ("non-medical examination notice") given to the 2 person, require the person to report to a police officer at a stated police 3 station or police establishment to enable an authorised examiner to perform 4 a non-medical examination on the person. 5 `(3) Before approving the issue of a non-medical examination notice, the 6 authorised police officer must be satisfied performing the examination may 7 provide evidence of the commission of an indictable offence. 8 `(4) An authorised examiner may perform a non-medical examination on 9 a person who attends at a police station or police establishment as required 10 under a non-medical examination notice. 11 `318R Requirements for non-medical examination notice 12 `A non-medical examination notice-- 13 (a) must require the person to report to a police officer at a stated 14 police station or police establishment-- 15 (i) within 7 days after the issue of the notice; or 16 (ii) on a stated day or within stated hours within 7 days after the 17 issue of the notice; 18 to enable an authorised examiner to perform a non-medical 19 examination on the person; and 20 (b) must state-- 21 (i) it is an offence to fail to comply with the notice; and 22 (ii) that, before the examination is performed, the person must 23 produce to a police officer satisfactory evidence of his or her 24 identity; and 25 (c) must be given to the person-- 26 (i) if section 318Q(1)(a) applies, with the notice to appear or 27 summons mentioned in section 209(2)(b); or 28 (ii) if section 318Q(1)(b) applies, with the notice to appear or 29 complaint and summons; and 30 (d) must be signed by the police officer giving the notice. 31

s 10 52 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `PART 7--FORENSIC PROCEDURES PERFORMED BY 1 DOCTORS AND DENTISTS 2 `Division 1--Preliminary 3 `318S Application of pt 7 4 `(1) This part applies to the performance of a forensic procedure by a 5 doctor or dentist under this chapter other than the taking of a DNA sample 6 under part 5.19 7 `(2) Nothing in this part requires a person who has custody of an 8 independent person mentioned in section 318U(b) to deliver the 9 independent person to the place where a forensic procedure is to be 10 performed by a doctor or dentist. 11 `(3) Also, nothing in this part requires a police officer to allow a relevant 12 person to telephone or speak to an independent person, or allow an 13 independent person to be present while a forensic procedure is being 14 performed by a doctor or dentist-- 15 (a) if the police officer reasonably suspects the independent person is 16 an accomplice or accessory of the relevant person; or 17 (b) if the police officer considers that to do so is likely to result in-- 18 (i) an accomplice or accessory of the relevant person taking 19 steps to avoid apprehension; or 20 (ii) evidence being concealed, fabricated or destroyed; or 21 (iii) a witness being intimidated. 22 19 Part 5 (DNA procedures)

s 10 53 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `Division 2--Actions by police officers and presence of independent 1 persons 2 `318T When doctor or dentist may be asked to perform forensic 3 procedure 4 `(1) A police officer may ask a doctor or dentist to perform a forensic 5 procedure on a person only if the performance of the procedure is 6 authorised under a forensic procedure consent or a forensic procedure 7 order. 8 `(2) If the relevant forensic procedure is to be performed under a forensic 9 procedure order, the police officer must give the doctor or dentist a copy of 10 the order. 11 `318U What person must be told before doctor or dentist performs a 12 forensic procedure 13 `Before a doctor or dentist performs a forensic procedure on a person, a 14 police officer must tell the person-- 15 (a) if the procedure is authorised under a forensic procedure 16 order--a forensic procedure may be performed on the person 17 without the person's consent because a forensic procedure order 18 authorises its performance; and 19 (b) that the person has the right to have 2 people (each of whom is an 20 "independent person") of his or her choice present while it is 21 being performed; and 22 (c) that, for exercising the right mentioned in paragraph (b), he or 23 she may-- 24 (i) telephone or speak to a friend or relative to inform that 25 person of his or her whereabouts and ask the person to be 26 present while the procedure is being performed; and 27 (ii) telephone or speak to a lawyer and arrange, or attempt to 28 arrange, for the lawyer to be present while the procedure is 29 being performed. 30

s 10 54 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `318V Arrangements for attendance of independent person 1 `(1) The police officer must delay performing the forensic procedure for 2 a reasonable time to allow the relevant person to telephone or speak to a 3 person mentioned in section 318U(c). 4 `(2) What is a reasonable time to delay performing the procedure to 5 allow the relevant person to speak to an independent person will depend on 6 the particular circumstances, including, for example, the relevant person's 7 age and the nature of the proposed procedure. 8 `(3) If the relevant person arranges for an independent person to be 9 present, the police officer must delay performing the procedure for a 10 reasonable time to allow the independent person to arrive. 11 `(4) What is a reasonable time to delay performing the procedure to 12 allow the independent person to arrive will depend on the particular 13 circumstances, including, for example-- 14 (a) how far the independent person has to travel to the place where 15 the forensic procedure is to be performed; and 16 (b) when the independent person indicated he or she would arrive at 17 the place. 18 `(5) The State is not responsible for paying any costs of the independent 19 person's attendance. 20 `(6) Unless special circumstances exist, a delay of more than 2 hours 21 may be unreasonable. 22 `318W Speaking to and presence of independent person 23 `(1) This section applies if the independent person arrives. 24 `(2) If the relevant person asks to speak to the independent person, the 25 investigating police officer must-- 26 (a) as soon as practicable, provide reasonable facilities to enable the 27 relevant person to speak to the independent person; and 28 (b) if the relevant person is a child and it is reasonably practicable to 29 do so--allow the relevant person to speak to the independent 30 person in circumstances in which the conversation can not be 31 overheard; and 32

s 10 55 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (c) in any case--if the independent person is a lawyer and it is 1 reasonably practicable to do so, allow the relevant person to 2 speak to the lawyer in circumstances in which the conversation 3 can not be overheard. 4 `(3) If the relevant person asks that the independent person be present 5 while the forensic procedure is being performed, the investigating police 6 officer must allow the independent person to be present and give advice to 7 the relevant person during the performance of the procedure. 8 `318X Absence of independent person does not affect lawfulness of 9 custody etc. 10 `(1) This section applies if a relevant person wishes to have an 11 independent person present while a forensic procedure is being performed 12 on the person and-- 13 (a) after having indicated that he or she is willing and able to 14 attend--the independent person fails to attend within a 15 reasonable time; or 16 (b) evidence is likely to be lost or destroyed if the forensic procedure 17 is delayed to allow the independent person to attend. 18 `(2) The lawfulness of the detention in custody of the relevant person or 19 of the performance of the forensic procedure is not affected by the absence, 20 while the procedure is being performed, of the independent person. 21 `318Y When police officer may exclude independent person 22 `(1) If a police officer considers an independent person is unreasonably 23 interfering with the performance of a forensic procedure, the police officer 24 may exclude the independent person from being present while the 25 procedure is being performed. 26 `(2) Before excluding the independent person, the police officer must-- 27 (a) warn the person not to unreasonably interfere with the 28 performance of the procedure; and 29 (b) tell the person that he or she may be excluded from being present 30 if he or she continues to unreasonably interfere with the 31 performance of the procedure; and 32 (c) give the person 1 opportunity to stop unreasonably interfering. 33

s 10 56 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `318Z Action by police officer if independent person excluded 1 `(1) This section applies if a police officer excludes an independent 2 person from being present while a forensic procedure is being performed 3 on a person. 4 `(2) The police officer must-- 5 (a) advise the person that he or she may telephone or speak to 6 another independent person, to ask the person to be present while 7 the procedure is being performed; and 8 (b) if the person arranges for another independent person to be 9 present--delay the performance of the procedure for a 10 reasonable time to allow the other independent person to be 11 present while the procedure is being performed. 12 `(3) Also, the police officer must arrange for someone else to be present 13 while the procedure is being performed if the person on whom the 14 procedure is being performed-- 15 (a) is a child or a person with impaired capacity; and 16 (b) has not arranged for another independent person to be present 17 while the procedure is being performed. 18 `Division 3--Performing forensic procedures 19 `318ZA Doctor's powers 20 `(1) This section applies if a police officer asks a doctor under 21 section 318T to perform a forensic procedure on a person. 22 `(2) The doctor may perform a forensic procedure that may provide 23 evidence of the commission of the offence to which the forensic procedure 24 consent or forensic procedure order relates. 25 `(3) If the doctor is performing an intimate forensic procedure and 26 considers it reasonably necessary to also perform a non-intimate forensic 27 procedure or a medical examination the doctor may also perform a 28 non-intimate forensic procedure or a medical examination on the person 29 that may provide evidence of the commission of the offence. 30

s 10 57 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(4) The doctor may act under subsection (3) whether or not it is 1 necessary to do so to enable the doctor to perform the intimate forensic 2 procedure. 3 `318ZB Dentist's powers 4 `(1) This section applies if a police officer asks a dentist to perform a 5 forensic procedure on a person under section 318T. 6 `(2) The dentist may perform a forensic procedure to the extent 7 mentioned in section 273 that may provide evidence of the commission of 8 the offence to which the forensic procedure consent or forensic procedure 9 order relates. 10 `318ZC Samples and results of analysis to be given to person 11 `(1) A doctor or dentist who takes a sample or other thing from another 12 person in performing an intimate forensic procedure under this chapter 13 must give the other person, or someone nominated by the person, a part of 14 the sample or thing or an equivalent sample or thing for the other person's 15 own purposes. 16 `(2) However, subsection (1) does not apply if-- 17 (a) it is not practicable to give a part of the sample or thing or an 18 equivalent sample or thing to the other person; or 19 20 Example-- 21 The size of the sample taken is too small to effectively provide the person 22 with an equivalent sample. (b) in the case of a sample, an equivalent sample for the purpose may 23 be taken from the other person's body at any time. 24 25 Example-- 26 A sample of blood taken for DNA analysis. `(3) Also, if a doctor considers complying with subsection (1) may be 27 inappropriate because, for example, the part or equivalent sample or thing 28 may be used to, or could, transmit a communicable disease, the doctor may 29 instead send, at the other person's expense, the part or equivalent sample or 30 thing to a doctor nominated by the other person or by the other person's 31 lawyer for safe custody. 32

s 10 58 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(4) If the other person or the other person's lawyer does not nominate a 1 doctor, the doctor taking the sample or thing need not provide the part or 2 equivalent sample or thing and the part or equivalent sample or thing 3 intended to be given to the other person may be destroyed. 4 `(5) As soon as reasonably practicable after a police officer is given the 5 results of an analysis conducted using a sample or other thing taken as 6 mentioned in subsection (1), the police officer must give the person to 7 whom the results relate, or someone nominated by the person, a copy of the 8 results. 9 `PART 8--MATTERS RELATING TO PERFORMING 10 FORENSIC PROCEDURES 11 `318ZD Right to interpreter 12 `(1) This section applies if a police officer reasonably suspects a relevant 13 person is unable, because of an inadequate knowledge of the English 14 language or a physical disability, to speak with reasonable fluency in 15 English. 16 `(2) Before a qualified person performs a forensic procedure under a 17 forensic procedure consent or a forensic procedure order, the police officer 18 must arrange for the presence of an interpreter and delay performing the 19 procedure until the interpreter is present. 20 `318ZE Power to analyse samples 21 `(1) It is lawful for a person to analyse a sample, substance, impression, 22 photograph or other thing taken under this chapter. 23 `(2) It is lawful for a police officer to keep the thing and the results of the 24 analysis for use in a proceeding for an offence. 25

s 10 59 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(3) It is lawful for the commissioner to use the thing or results of the 1 analysis for performing any function of the police service. 2 `(4) This section is subject to section 301 and part 5, division 5.20 3 `318ZF Order for person who fails to comply with reporting notice 4 `(1) This section applies if a police officer reasonably believes that a 5 person has failed to comply with a reporting notice. 6 `(2) A police officer may apply to a magistrate in the approved form for 7 an order authorising a police officer to detain the person to perform any 8 forensic procedure to which the reporting notice relates for the time 9 reasonably necessary to perform the procedure. 10 `(3) A magistrate may make the order if the magistrate is satisfied on the 11 balance of probabilities that the person failed to comply with a reporting 12 notice and making the order is justified in the circumstances. 13 `(4) The person named in the application is not entitled to be given 14 notice of, or to be heard on, the application. 15 `(5) A qualified person for the forensic procedure to which the order 16 relates may perform the procedure on the person. 17 `(6) In this section-- 18 "reporting notice" means an identifying particulars notice, DNA sample 19 notice, non-medical examination notice or a notice under 20 section 318B(2).21 21 `318ZG Detention for performing forensic procedure 22 `To give effect to an order made under section 318ZF(3), a police officer 23 may detain the person for-- 24 (a) 1 hour; or 25 (b) a longer reasonably necessary time, having regard to the 26 particular circumstances. 27 20 Section 301 (Destruction of identifying particulars) and part 5 (DNA procedures), division 5 (Analysis and use of DNA samples) 21 Section 318B (Prisoner serving term of imprisonment for other indictable offences)

s 10 60 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `318ZH General power for performing forensic procedure 1 `(1) This section applies for performing a forensic procedure under this 2 chapter. 3 `(2) A police officer may give any reasonably necessary directions for 4 ensuring the procedure is performed. 5 `(3) If the procedure is being performed under a forensic procedure 6 consent, it is not an offence for the person who gave the consent or the 7 person to whom it relates to fail to comply with a direction given under 8 subsection (2). 9 `(4) In performing the forensic procedure, a qualified person may use 10 any equipment necessary for the purpose. 11 `318ZI Help with, and use of force for, performing forensic procedure 12 `(1) This section applies if a qualified person may perform a forensic 13 procedure on a person. 14 `(2) The qualified person may ask another person to give reasonably 15 necessary help. 16 `(3) If the forensic procedure is an intimate forensic procedure, the 17 person asked to help the doctor or dentist must be-- 18 (a) a person of the same sex as the person who is to undergo the 19 procedure; or 20 (b) another doctor or another dentist; 21 unless a person mentioned in paragraph (a) or (b) can not reasonably be 22 called on. 23 `(4) It is lawful for the qualified person and the person helping to use 24 reasonably necessary force for performing the procedure. 25 `318ZJ General power to require further attendance 26 `(1) This section applies if a person attends at a stated place as required 27 by an order, requirement or direction ("original direction") to have a 28 forensic procedure performed on the person and a police officer considers it 29 is not reasonably practicable to perform the forensic procedure because-- 30 (a) a qualified person who may perform the procedure is not 31 available to perform the procedure; or 32

s 10 61 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (b) equipment required to perform the procedure is not available at 1 the place; or 2 (c) for another reason it is impracticable to perform the procedure. 3 `(2) A police officer may direct the person ("later direction") to attend 4 the place or another place for the performance of the relevant forensic 5 procedure at a stated reasonable time on a stated reasonable day. 6 `(3) A later direction has effect as an extension of the original direction. 7 `318ZK Protecting the dignity of person in performing a non-intimate 8 forensic procedure 9 `(1) If it is reasonably necessary for performing a non-intimate forensic 10 procedure on a person, a police officer may ask the person to remove stated 11 items of the person's clothing. 12 `(2) Subsection (3) applies if a direction under section 318ZH(2) relating 13 to a non-intimate forensic procedure requires a person to remove stated 14 items of the person's clothing. 15 `(3) If it is reasonably necessary for clothing other than outer garments 16 to be removed, the police officer-- 17 (a) must not require the person to remove more clothing than is 18 necessary for the procedure to be performed; and 19 (b) if reasonably practicable, must ensure the procedure is not 20 performed-- 21 (i) in the presence of someone whose presence is not required 22 while the procedure is being performed; or 23 (ii) where someone not involved in performing the procedure 24 can see the procedure being performed. 25 `318ZL Effect of withdrawal of consent 26 `(1) This section applies if a forensic procedure is being performed under 27 a forensic procedure consent. 28 `(2) If the person who gave the consent withdraws the consent, the 29 person performing the procedure and any person helping that person must 30 immediately stop performing the procedure. 31

s 10 62 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(3) Subsection (4) applies if the procedure is to be, or is being, 1 performed on-- 2 (a) a child under 14 years; or 3 (b) a person with impaired capacity and the consent was given for 4 the person by a parent of the person. 5 `(4) The person who consented to the procedure being performed is 6 taken to have withdrawn the consent if the child or person with impaired 7 capacity objects to the performance of the procedure or resists while the 8 procedure is being performed. 9 `(5) Withdrawal of consent does not affect the admissability in evidence 10 of-- 11 (a) anything observed, taken or collected before the consent was 12 withdrawn; or 13 (b) an analysis done on anything taken or collected before the 14 consent was withdrawn; or 15 (c) anything else done under this chapter in relation to a thing 16 mentioned in paragraph (a) or an analysis mentioned in 17 paragraph (b). 18 `318ZM Powers under this part are additional to other powers 19 `The powers a person has under this part are additional to, and are not 20 limited by, the powers the person otherwise has under this chapter. 21 `PART 9--CORRESPONDING FORENSIC PROCEDURE 22 ORDERS 23 `318ZN Definitions for pt 9 24 `In this part-- 25 "appropriate person" means-- 26

s 10 63 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (a) the person performing functions in relation to the police force or 1 service of the Commonwealth or another State that correspond to 2 the functions of the commissioner; or 3 (b) another authority prescribed under a regulation. 4 "responsible Minister" means a Minister of the Commonwealth or of 5 another State responsible for the administration of a law that 6 authorises the performance of any forensic procedure. 7 `318ZO Arrangements with the Commonwealth and other States 8 `The Minister may, for the State, enter into an arrangement with a 9 responsible Minister providing for-- 10 (a) the registration by the commissioner of orders for performing 11 forensic procedures made under the law of the responsible 12 Minister's jurisdiction ("corresponding forensic procedure 13 orders"); or 14 (b) the registration of forensic procedure orders under the law of the 15 responsible Minister's jurisdiction. 16 `318ZP Registration of orders 17 `(1) An appropriate person may apply to the commissioner for the 18 registration, or the cancellation of registration, of a corresponding forensic 19 procedure order. 20 `(2) The application must be accompanied by a copy of the 21 corresponding forensic procedure order, certified by the person who 22 made it. 23 `318ZQ Effect of registration 24 `On registration of a corresponding forensic procedure order by the 25 commissioner, the order has effect and may be enforced as if it were a 26 forensic procedure order made under this chapter. 27

s 10 64 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `PART 10--OFFENCES 1 `318ZR Unlawful supply of destroyable DNA sample 2 `(1) A person must not unlawfully supply a destroyable DNA sample to 3 another person for DNA analysis for the purpose of including the results of 4 the analysis in QDNA or the CrimTrac database knowing that the material 5 was a destroyable DNA sample. 6 Maximum penalty--2 years imprisonment. 7 `(2) In this section-- 8 "destroyable DNA sample" means a DNA sample for which the time in 9 which it must be destroyed under section 318H has passed. 10 `318ZS Unlawful supply of DNA sample 11 `(1) A person must not unlawfully supply a DNA sample to another 12 person for DNA analysis for the purpose of including the results of the 13 analysis in QDNA or the CrimTrac database. 14 Maximum penalty--2 years imprisonment. 15 `(2) In this section-- 16 "a DNA sample" means a DNA sample that is not related to the 17 performance at any time of a function of the police service or a 18 function authorised under this chapter. 19 `318ZT Unlawful use of stored information 20 `(1) A person must not access information stored in QDNA or the 21 CrimTrac database ("stored information") other than to perform a 22 function of the police service or a function authorised under this chapter. 23 Maximum penalty--2 years imprisonment. 24 `(2) Subsection (1) does not apply to-- 25 (a) stored information that can not be used to discover the identity of 26 any person; or 27 (b) accessing information stored in the CrimTrac database if the 28 access is authorised under another law. 29

s 10 65 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `318ZU Unlawful matching of DNA analysis results 1 `(1) A person must not knowingly do anything that results in a DNA 2 record being compared with another DNA record, other than as permitted 3 under this chapter. 4 Maximum penalty--2 years imprisonment. 5 `(2) Subsection (1) applies whether or not the DNA record is compared 6 with DNA records kept on the same or a separate part of QDNA or the 7 CrimTrac database. 8 `(3) It is not an offence to match DNA records in contravention of 9 subsection (1) only for the purpose of administering QDNA or the 10 CrimTrac database. 11 `(4) In this section-- 12 "DNA record" means a record on QDNA or the CrimTrac database of the 13 results of a DNA analysis. 14 `318ZV Unlawful recording of identifying information on QDNA 15 `(1) A person must not knowingly cause identifying information about a 16 person that is obtained from a DNA sample taken from the person under 17 this chapter to be recorded in QDNA after the time the sample to which the 18 information relates is required under section 318H to be destroyed. 19 Maximum penalty--2 years imprisonment. 20 `(2) In this section-- 21 "identifying information", about a person, means information that 22 identifies the person. 23 `318ZW Unlawful retention of results of DNA analysis in QDNA 24 `(1) A person must not wilfully retain in QDNA the results of a DNA 25 analysis after the time the results are required to be destroyed under 26 section 318H. 27 Maximum penalty--2 years imprisonment. 28 `(2) A person does not commit an offence against subsection (1) if the 29 results of the DNA analysis have been destroyed as mentioned in 30 section 318H(5). 31

s 10 66 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `318ZX Unlawful disclosure of information 1 `(1) A person who has access to information stored in QDNA or the 2 CrimTrac database must not unlawfully disclose the information to anyone 3 else. 4 Maximum penalty--2 years imprisonment. 5 `(2) A person may only disclose information stored in QDNA or the 6 CrimTrac database for one or more of the following purposes-- 7 (a) to perform a function of the police service; 8 (b) for a purpose authorised under this or another Act; 9 (c) in accordance with an arrangement made under section 318ZO 10 or 318ZY; 11 (d) to make the information available, as permitted under a 12 regulation, to the person to whom the information relates; 13 (e) to administer QDNA or the CrimTrac database; 14 (f) for a coronial inquest or investigation. 15 `(3) This section does not apply to information that can not be used to 16 discover the identity of a person. 17 `PART 11--OTHER PROVISIONS 18 `318ZY Ministerial arrangements 19 `(1) The Minister may, for the State, make an arrangement with a 20 declared law enforcement agency, or a responsible Minister of another 21 jurisdiction, relating to any of the following-- 22 (a) access by the declared law enforcement agency or an entity of the 23 other jurisdiction to DNA material held by the commissioner; 24 (b) access by the commissioner to DNA material held by a declared 25 law enforcement agency or an entity of the other jurisdiction; 26 (c) the use by the declared law enforcement agency, an entity of the 27 other jurisdiction or the commissioner of the DNA material. 28

s 10 67 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) An arrangement may recognise that access to, and comparison of, 1 the results of DNA analyses may be by use of the CrimTrac database. 2 `(3) The commissioner may, under an arrangement made under this 3 section, provide access to DNA material held by the commissioner or 4 stored on the CrimTrac database to a declared law enforcement agency or 5 an entity of another jurisdiction. 6 `(4) The commissioner may use DNA material to which the 7 commissioner has access under an arrangement made under this section for 8 performing any function of the police service. 9 `(5) In this section-- 10 "DNA material" means-- 11 (a) the results of DNA analyses of things whether or not stored on a 12 database; or 13 (b) things on which DNA analyses have been performed. 14 "responsible Minister", of another jurisdiction, means a Minister of the 15 Commonwealth or another State responsible for the administration of 16 a law that authorises the taking of a sample for DNA analysis. 17 `318ZZ Application of other laws 18 `(1) This chapter does not limit or exclude the operation of another law 19 of the State relating to any of the following-- 20 (a) performing a forensic procedure, including a procedure not 21 mentioned in this chapter; 22 (b) without limiting paragraph (a), performing a breath analysis or a 23 breath test or producing samples of blood or urine to determine 24 the level of alcohol or drugs, if any, present in a person's body; 25 (c) taking forensic samples, including samples not mentioned in this 26 chapter; 27 (d) taking identification evidence; 28 (e) searching a person; 29 (f) keeping or using anything taken or information obtained because 30 of an activity described in paragraphs (a) to (e). 31

s 10 68 s 10 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `(2) It is lawful for a person to exercise a power under this chapter to do 1 something mentioned in subsection (1) even though the other law specifies 2 the way the power may or must be exercised. 3 `318ZZA Forensic material lawfully obtained in another jurisdiction 4 `(1) This section applies to forensic material lawfully obtained under the 5 law of another jurisdiction, whether before or after the commencement of 6 this section. 7 `(2) The material may be retained and used in this State for performing a 8 function of the police service despite the material having been obtained in 9 circumstances in which this Act would not authorise the material to be 10 obtained, or under requirements that are less stringent, or otherwise 11 substantially different to, the requirements that would apply under this Act. 12 `(3) In this section-- 13 "forensic material" means anything obtained by performing a forensic 14 procedure and includes the results of the analysis of the thing. 15 `318ZZB Evidentiary provision 16 `(1) A certificate signed by the commissioner and stating any of the 17 following is evidence of what it states-- 18 (a) on a stated day and at a stated time a stated police officer 19 authorised the performance of a stated forensic procedure on a 20 stated person; 21 (b) a stated police officer was on a stated day an authorised 22 examiner; 23 (c) a stated person was on a stated day a DNA sampler; 24 (d) the way in which a DNA sample taken from a stated person was 25 handled and stored; 26 (e) a stated person took or sent a stated DNA sample from a stated 27 place to another stated place; 28 (f) a stated person received a stated DNA sample at a stated place; 29

s 11 69 s 12 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (g) a certificate given under the Evidence Act 1977, section 95A,22 1 relates to a stated DNA sample taken from a stated person. 2 `(2) If, in a criminal proceeding, the prosecuting authority intends to rely 3 on the certificate, it must at least 10 business days before the hearing day, 4 give a copy of the certificate to the defendant or the defendant's lawyer. 5 `(3) If the defendant intends to challenge a matter stated in the 6 certificate, the defendant must, at least 3 business days before the hearing 7 day, give the prosecuting authority notice, in the approved form, of the 8 matter to be challenged. 9 `(4) If the defendant acts under subsection (3), the certificate stops being 10 evidence of the matter to be challenged. 11 `(5) In this section-- 12 "hearing day" means the day the hearing of the criminal proceeding starts. 13 "prosecuting authority" means the entity responsible for prosecuting the 14 criminal proceeding. 15 `CHAPTER 8B--BLOOD AND URINE TESTING OF 16 PERSONS SUSPECTED OF COMMITTING SEXUAL 17 OR OTHER SERIOUS ASSAULT OFFENCES'. 18 11 Replacement of ch 8, pt 5, div 1, hdg (Preliminary) Clause 19 Chapter 8, part 5, division 1, heading-- 20 omit, insert-- 21 `PART 1--PRELIMINARY'. 22 12 Amendment of s 319 (Purpose of pt 5) Clause 23 (1) Section 319, heading, `pt 5'-- 24 omit, insert-- 25 22 Evidence Act 1977, section 95A (DNA evidentiary certificate)

s 13 70 s 16 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 `ch 8B'. 1 (2) Section 319, `part'-- 2 omit, insert-- 3 `chapter'. 4 13 Amendment of s 320 (Application of pt 5) Clause 5 (1) Section 320, heading, `pt 5'-- 6 omit, insert-- 7 `ch 8B'. 8 (2) Section 320, `part'-- 9 omit, insert-- 10 `chapter'. 11 14 Amendment of s 321 (Certain Acts do not apply to this part) Clause 12 Section 321, `part'-- 13 omit, insert-- 14 `chapter'. 15 15 Replacement of ch 8, pt 5, div 2, hdg (Taking blood and urine Clause 16 samples) 17 Chapter 8, part 5, division 2, heading-- 18 omit, insert-- 19 `PART 2--TAKING BLOOD AND URINE SAMPLES'. 20 16 Replacement of ch 8, pt 5, div 3, hdg (General) Clause 21 Chapter 8, part 5, division 3, heading-- 22 omit, insert-- 23 `PART 3--GENERAL'. 24

s 17 71 s 20 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 17 Amendment of s 329 (Restriction on disclosure of results of Clause 1 analysis) 2 Section 329, `this part'-- 3 omit, insert-- 4 `this chapter'. 5 18 Amendment of s 330 (Certain evidence inadmissible) Clause 6 Section 330, `part'-- 7 omit, insert-- 8 `chapter'. 9 19 Amendment of s 420 (Application of pt 3) Clause 10 (1) Section 420(2)(b) and (c)-- 11 omit, insert-- 12 `(b) a sample or other thing taken or collected from a person under 13 chapter 8A; or'. 14 (2) Section 420(2)(d), `chapter 8, part 5'-- 15 omit, insert-- 16 `chapter 8B'. 17 20 Amendment of s 445 (Offence to contravene direction or Clause 18 requirement of police officer) 19 (1) Section 445(2), after `police officer'-- 20 insert-- 21 `, including a requirement or direction contained in a notice given by a 22 police officer,'. 23

s 21 72 s 23 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (2) Section 445-- 1 insert-- 2 `(5) It is not a reasonable excuse for a person not to comply with a 3 requirement or direction given by a police officer under chapter 8A23 that 4 complying with the requirement or direction would tend to incriminate the 5 person.'. 6 21 Amendment of s 451 (Obtaining warrants, orders and authorities, Clause 7 etc., by telephone or similar facility) 8 (1) Section 451(1), after `division 2'-- 9 insert-- 10 `, a forensic procedure order'. 11 (2) Section 451-- 12 insert-- 13 `(5) Subsection (1) applies to a forensic procedure order only if the 14 person to whom the application for the order relates is not entitled to be 15 given notice of the application under section 287(2) or the person is dead.'. 16 22 Amendment of s 453 (Presumption about exercise of powers Clause 17 under prescribed authority) 18 Section 453(c), `the entry'-- 19 omit, insert-- 20 `the exercise of the power'. 21 23 Amendment of ch 13, pt 2, hdg (Transitional provisions) Clause 22 Chapter 13, part 2, heading, after `PROVISIONS'-- 23 insert-- 24 `FOR POLICE POWERS AND RESPONSIBILITIES ACT 2000'. 25 23 Chapter 8A (Forensic procedures)

s 24 73 s 24 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 24 Insertion of new ch 13, pt 3 Clause 1 Chapter 13, after section 473-- 2 insert-- 3 `PART 3--TRANSITIONAL PROVISIONS FOR POLICE 4 POWERS AND RESPONSIBILITIES (FORENSIC 5 PROCEDURES) AMENDMENT ACT 2003 6 `474 Definitions for pt 3 7 `In this part-- 8 "amending Act" means the Police Powers and Responsibilities (Forensic 9 Procedures) Amendment Act 2003. 10 "commencement" means the commencement of the provision in which 11 the term is used. 12 "pre-amended Act" means this Act or a provision of this Act as in force 13 before its amendment by the amending Act and includes another 14 provision relevant to the provision. 15 `475 Identifying particulars 16 `(1) Something-- 17 (a) started under the pre-amended Act, chapter 8, part 2,24 and not 18 finished before the commencement may be continued under 19 chapter 8A, part 4,25 of this Act; or 20 (b) done under the pre-amended Act, chapter 8, part 2, has effect as 21 if it was done under chapter 8A, part 4, of this Act. 22 `(2) Without limiting subsection (1)-- 23 (a) an identifying particulars notice given to a person under the 24 pre-amended Act, section 272 has effect as an identifying 25 particulars notice properly given under chapter 8A, part 4 of this 26 Act; and 27 24 Pre-amended Act, chapter 8 (Powers in relation to persons in custody), part 2 (Gathering information for identifying suspects) 25 Chapter 8A (Forensic procedures), part 4 (Identifying particulars)

s 24 74 s 24 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (b) a court order made under the pre-amended Act, section 273, has 1 effect as a court order made under section 29826 of this Act. 2 `476 Medical and dental procedures 3 `(1) This section applies if, immediately before the commencement, 4 there is in force-- 5 (a) a consent to the performance of a medical or dental procedure 6 given under the pre-amended Act, section 285;27 or 7 (b) an order of a magistrate authorising the performance of a medical 8 or dental procedure made under the pre-amended Act, 9 section 290.28 10 `(2) The pre-amended Act, chapter 8, part 3,29 continues to apply for 11 performing the medical or dental procedure as if the amending Act had not 12 been enacted. 13 `(3) Anything obtained under the consent or order may be dealt with or 14 used as if it were obtained under a forensic procedure consent or forensic 15 procedure order. 16 `477 DNA procedures 17 `(1) Subsection (2) applies if, immediately before the commencement, 18 there is in force-- 19 (a) a consent to the taking of a DNA sample given under the 20 pre-amended Act, chapter 8, part 4, division 3;30 or 21 (b) an approval of a commissioned officer given under the 22 pre-amended Act, section 307 for the detention of a person for 23 the time reasonably necessary to take a DNA sample from the 24 person; or 25 26 Section 298 (Court may order taking of identifying particulars) 27 Pre-amended Act, section 285 (Consent to be recorded) 28 Pre-amended Act, section 290 (Making of order) 29 Pre-amended Act, chapter 8 (Powers in relation to persons in custody), part 3 (Medical and dental procedures) 30 Pre-amended Act, chapter 8 (Powers in relation to persons in custody), part 4 (DNA procedures), division 3 (Taking DNA samples with consent)

s 24 75 s 24 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (c) a DNA sample notice under the pre-amended Act, section 308; or 1 (d) an order of a court made under the pre-amended Act, 2 section 309(2)(b), 310(2)(b) or 312.31 3 `(2) The pre-amended Act, chapter 8, part 4,32 continues to apply in 4 relation to the consent, approval, notice or order as if the amending Act had 5 not been enacted. 6 `(3) An application made to the Childrens Court under the pre-amended 7 Act, section 312 that has not been decided by the court before the 8 commencement has effect and may be dealt with as an application made to 9 the court under section 31633 of this Act. 10 `478 Police officers authorised to take DNA samples 11 `A police officer who, immediately before the commencement, is a 12 police officer authorised under the pre-amended Act, section 297(3), by the 13 commissioner to take DNA samples is taken to be authorised by the 14 commissioner under section 30334 of this Act. 15 `479 Taking of certain DNA samples 16 `(1) This section applies in relation to the pre-amended Act, 17 sections 310, 311 and 316.35 18 `(2) Despite the omission of the sections by the amending Act-- 19 (a) the declarations in the pre-amended Act, sections 310(4), 311(4) 20 and 316(5) continue to have effect in relation to the offences to 21 which they applied immediately before the commencement; and 22 (b) a DNA sample taken as mentioned in the pre-amended Act, 23 section 310(5) or 311(5) continues not to have been unlawfully 24 31 Pre-amended Act, section 309 (Taking DNA sample from adult before court), 310 (Taking DNA sample after finding of guilt) or 312 (Taking DNA sample from child) 32 Pre-amended Act, chapter 8 (Powers in relation to persons in custody), part 4 (DNA procedures) 33 Section 316 (Taking DNA sample from child) 34 Section 303 (Commissioner may authorise police officers to take DNA samples) 35 Pre-amended Act, sections 310 (Taking DNA sample after finding of guilt), 311 ((Taking DNA sample from prisoner) and 316 (When DNA samples and results must be destroyed)

s 24 76 s 24 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 taken merely because the indictable offence of which the person 1 from whom it was taken was found guilty was dealt with 2 summarily. 3 `480 QDNA 4 `(1) A database approved by the commissioner under the pre-amended 5 Act, section 317 ("section 317 database") is taken to be approved under 6 section 318I of this Act. 7 `(2) Anything lawfully stored in a section 317 database immediately 8 before the commencement may continue to be stored in QDNA or the 9 CrimTrac database and may be used under this Act. 10 `481 Certain arrangements made by Minister 11 `(1) This section applies if, before the commencement of 12 section 318ZY,36 the Minister lawfully made an arrangement with a 13 declared law enforcement agency or a responsible Minister of another 14 jurisdiction relating to a matter mentioned in section 318ZY(1) and the 15 arrangement is of a type that could, after that commencement, be entered 16 into under that section. 17 `(2) After the commencement of section 318ZY, the arrangement entered 18 into is taken to have been entered into under that section. 19 `(3) In this section-- 20 "responsible Minister" has the same meaning as it has in section 318ZY. 21 `482 Provision for ch 11, pt 3 22 `(1) This section applies to a sample or other thing to which the 23 pre-amended Act, section 420(2)(b), (c) or (d)37 applied before the 24 commencement. 25 `(2) From the commencement-- 26 36 Section 318ZY (Ministerial arrangements) 37 Pre-amended Act, section 420 (Application of pt 3)

s 25 77 s 25 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (a) if the pre-amended Act, section 420(2)(b) or (c) applied, the 1 sample or other thing is taken to have been taken or collected 2 under chapter 8A38 of this Act; and 3 (b) if the pre-amended Act, section 420(2)(d) applied, the sample is 4 taken to have been taken under chapter 8B39 of this Act.'. 5 25 Amendment of sch 4 (Dictionary) Clause 6 (1) Schedule 4, definitions "commissioned officer", "DNA database", 7 "DNA sample", "DNA sample notice", "DNA sampler" and "take"-- 8 omit. 9 (2) Schedule 4-- 10 insert-- 11 `"appropriate person" for chapter 8A, part 9, see section 318ZN. 12 "attend", a police station or police establishment under a direction, order 13 or requirement, includes stay at the police station or police 14 establishment for the time reasonably necessary for the purpose for 15 which the attendance is directed, ordered or required. 16 "authorised examiner" means a police officer authorised by the 17 commissioner under section 318O. 18 "authorised police officer", for chapter 8A, part 6, see section 318N. 19 "corresponding forensic procedure orders" see section 318ZO. 20 "CrimTrac" means the CrimTrac Agency established under the Public 21 Service Act 1999 (Cwlth), section 65.40 22 "CrimTrac database" means a database kept by the CrimTrac Agency 23 containing information about the results of DNA analyses. 24 "DNA sample" means-- 25 (a) a sample of a person's hair, including roots of the hair, other than 26 hair from-- 27 38 Chapter 8A (Forensic procedures) 39 Chapter 8B (Blood and urine testing of persons suspected of committing sexual or other serious assault offences) 40 Public Service Act 1999 (Cwlth), section 65 (Establishment etc. of Executive Agencies)

s 25 78 s 25 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (i) the genital or anal area; or 1 (ii) the buttocks; or 2 (iii) if the person is a female--the breasts; or 3 (b) a sample obtained by swabbing a person's mouth. 4 "DNA sample notice" see section 309(2). 5 "DNA sampler" means-- 6 (a) a police officer authorised under section 303 to take DNA 7 samples; or 8 (b) a doctor; or 9 (c) a nurse. 10 "forensic procedure" means-- 11 (a) an intimate forensic procedure; or 12 (b) a non-intimate forensic procedure. 13 "forensic procedure consent" see section 274(1)(a). 14 "forensic procedure order" see section 285(1). 15 "function of the police service" includes an investigation conducted by a 16 police officer for a declared law enforcement agency. 17 "guardian", of a person who is an adult, means a guardian appointed 18 under the Guardianship and Administration Act 2000 for the adult. 19 "independent person", for chapter 8A, part 7, see section 318U(b). 20 "indictable offence", in relation to a reference to that term as including an 21 indictable offence dealt with summarily, includes an indictable 22 offence dealt with summarily whether or not the Criminal Code, 23 section 65941 applies to the indictable offence. 24 "intimate forensic procedure" means all or any of the following 25 procedures-- 26 (a) a procedure performed on a person's external genital or anal area, 27 buttocks or, for a female, breasts, that involves-- 28 (i) an external examination of the relevant part of the body; or 29 41 Criminal Code, section 659 (Effect of summary conviction for indictable offences)

s 25 79 s 25 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (ii) taking a sample from the relevant part of the body, by swab, 1 washing, vacuum suction, scraping, or by lifting by tape; or 2 (iii) photographing the relevant part of the body; or 3 (iv) making an impression or cast from the relevant part of the 4 body; or 5 (v) measuring the relevant part of the body; 6 (b) a procedure performed on a person that involves-- 7 (i) an internal examination of a body cavity; or 8 (ii) taking a sample of the person's hair from-- 9 (A) the genital or anal area; or 10 (B) the buttocks; or 11 (C) if the person is a female--the breasts; or 12 (iii) taking a sample, by swab or washing, from a body cavity 13 other than the mouth; or 14 (iv) removing a substance or thing from a body cavity other than 15 the mouth; or 16 (v) taking an X-ray of a part of the person's body; or 17 (vi) taking a dental impression; or 18 (vii) taking a sample of the person's blood or urine. 19 "non-intimate forensic procedure" means a procedure performed on a 20 person, other than an intimate forensic procedure, that involves all or 21 any of the following-- 22 (a) an examination of an external part of the person's body, that 23 requires clothing to be removed or contact with the person's 24 body; 25 (b) taking a sample from a part of the person's body, by swab, 26 washing, vacuum suction, scraping, or by lifting by tape; 27 (c) photographing a part of the person's body; 28 (d) making an impression or cast of a part of the person's body; 29 (e) taking a DNA sample; 30 (f) taking a sample of saliva; 31

s 25 80 s 25 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (g) taking a sample from, or from under, a fingernail or toenail; 1 (h) taking identifying particulars. 2 "non-medical examination" means a non-intimate forensic procedure, 3 other than taking a DNA sample or palm prints, fingerprints, 4 handwriting, voiceprints or footprints. 5 "non-medical examination notice" see section 318Q(2). 6 "parent", of a person, for chapter 8A, means a parent or guardian of the 7 person and includes-- 8 (a) for an Aboriginal person, a person, who under Aboriginal 9 tradition, is regarded as a parent of the person; or 10 (b) for a Torres Strait Islander person, a person, who under Island 11 custom, is regarded as a parent of the person; 12 but does not include an approved foster carer of the person under the 13 Child Protection Act 1999. 14 "post-prison community based release order", for chapter 8A, part 5, 15 division 4, see section 318. 16 "prescribed indictable offence", for chapter 8A, part 5, division 4, see 17 section 318. 18 "QDNA" see section 318I(1). 19 "QDNA index" means an index of a kind prescribed under a regulation 20 containing information derived from, or relating to, the results of 21 DNA analyses. 22 "qualified person", in relation to a forensic procedure, see section 272. 23 "registered corresponding foreign procedure order" means a 24 corresponding foreign procedure order registered under 25 section 318ZP. 26 "responsible Minister", for chapter 8A, part 9, see section 318ZN. 27 "take", for chapters 8, 8A and 8B, includes collect. 28 "unlawfully" means without authorisation, justification or excuse by law.'. 29 (3) Schedule 4, definition "enforcement act", paragraph (d), `269(4)'-- 30 omit, insert-- 31 `270(3)'. 32

s 26 81 s 27 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (4) Schedule 4, definition "identifying particulars"-- 1 insert-- 2 `(g) a measurement of any part of the person's body, other than the 3 person's genital or anal area, buttocks or, for a female, breasts.'. 4 (5) Schedule 4, definition "identifying particulars notice", `272'-- 5 omit, insert-- 6 `297(1)'. 7 (6) Schedule 4, definition "relevant person", paragraph (f)-- 8 omit, insert-- 9 `(f) for chapter 8A--see section 274(2).'. 10 (7) Schedule 4, definition "time out", paragraph (k)(ii) and (iii)-- 11 omit, insert-- 12 `(ii) the performance of a forensic procedure; or 13 (iii) the taking of a blood or urine sample under chapter 8B by a 14 doctor or nurse; and'. 15 PART 3--AMENDMENT OF CORRECTIVE SERVICES 16 ACT 2000 17 26 Act amended in pt 3 Clause 18 This part amends the Corrective Services Act 2000. 19 27 Amendment of s 14 (Directions to prisoners) Clause 20 (1) Section 14(1)(d)-- 21 renumber as section 14(1)(e). 22

s 27 82 s 27 Police Powers and Responsibilities (Forensic Procedures) Amendment Bill 2003 (2) Section 14-- 1 insert-- 2 `(d) to ensure a prisoner attends at a place to enable a DNA sampler 3 to take a DNA sample from the prisoner under the Police Powers 4 and Responsibilities Act 2000, section 314 or 315 or chapter 8A, 5 part 5, division 4;42 or'. 6 7 © State of Queensland 2003 42 Police Powers and Responsibilities Act 2000, section 314 (Taking DNA sample from prisoner in corrective services facility) or 315 (Taking DNA sample from transferred prisoner) or chapter 8A, part 5, division 4 (Taking DNA samples from prisoners released under post-prison community based release orders)

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