{"id":"a-2000-61","name":"Crimes (Forensic Procedures) Act 2000","slug":"crimes-forensic-procedures-act-2000","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"61 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23341,"registerId":"act-a-2000-61-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"19","sectionType":"section","heading":"September 2024. It also includes any commencement, amendment, repeal or expiry affecting","content":"19 September 2024. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 19 September 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 1\n3 Dictionary 1\n4 Notes 1\n4A Offences against Act—application of Criminal Code etc 2\n5 Forensic material and forensic procedures 3\n6 What is an intimate forensic procedure? 4\n7 What is a non-intimate forensic procedure? 4\n8 Meaning of suspect 5\n\nPage\ncontents 2 Crimes (Forensic Procedures) Act 2000\n9 Meaning of serious offence and serious offender 6\n10 Meaning of volunteer 6\n11 Meaning of investigating police officer 6\n12 Meaning of authorised applicant 7\n13 Meaning of appropriately qualified person 7\n14 Meaning of child and parent of a child 7\n14A Meaning of close associate 7\n15 Meaning of incapable person 9\n16 Interview friend 9\n17 Police officer to ask if person is Aboriginal or Torres Strait Islander\nperson 10\nPart 2.2 Circumstances in which forensic procedures\non suspects may be authorised\n18 How forensic procedures may be authorised in different circumstances 11\n19 Forensic procedure may be carried out with informed consent of\nsuspect 13\n20 People who cannot consent to forensic procedures 13\n21 Informed consent of suspect to forensic procedure 13\n22 Police officer may request suspect to consent to forensic procedure 14\n23 Matters to be considered by police officer before requesting consent to\nforensic procedure 14\n24 Matters that suspect must be informed of before giving consent 16\n24A Aboriginal or Torres Strait Islander suspects 19\n25 Withdrawal of suspect’s consent 20\n26 Recording of giving of information and consent 20\nPart 2.4 Non-intimate forensic procedures on suspect\nby order of police officer\n27 Non-intimate forensic procedure may be carried out by order of police\nofficer 22\n28 Circumstances in which police officer may order non-intimate forensic\nprocedure 22\n\nPage\ncontents 3\n29 Matters to be considered by police officer before ordering forensic\nprocedure 22\n30 Record of police officer’s order 24\nPart 2.5 Forensic procedures on suspect by order of\n31 Forensic procedure may be carried out by order of magistrate 26\n32 Circumstances in which magistrate may order forensic procedure 26\n33 Final order for carrying out of forensic procedure 27\n34 Matters to be considered by magistrate before ordering forensic\nprocedure 27\n35 Application for order 29\n36 Securing the presence of suspects at hearings—suspect in custody 30\n37 Securing the presence of suspects at hearings—suspect not in\ncustody 30\n38 Procedure at hearing of application for order 31\n39 Action to be taken on making of orders 32\n40 Suspect in custody may be kept in custody for carrying out forensic\nprocedure 33\n40A Magistrate may order arrest etc of suspect not in custody for carrying\nout forensic procedure 33\n40B Arrest, removal and detention of suspect 34\n40C Arrest and removal order—warrant to enter premises 35\n40D Warrant to enter premises—announcement before entry and copy of\nwarrant 36\n41 Interim order for immediate carrying out of forensic procedure 37\n42 Applications for interim orders 38\n43 Procedure at hearing of application for interim order 39\n44 Action to be taken on making of interim orders 40\n45 Records of applications and interim orders 40\n46 Suspect may be prevented from destroying or contaminating evidence 41\n47 Results of forensic procedures carried out under interim order 41\n\nPage\ncontents 4 Crimes (Forensic Procedures) Act 2000\n48 Restrictions on publication 42\n48A Meaning of relevant person—pt 2.6 43\n49 General rules for carrying out forensic procedures 43\n49A Rules for carrying out forensic procedures—giving and recording\ninformation 44\n49B Rules for carrying out forensic procedures—transgender and intersex\npeople 45\n50 Use of force in carrying out forensic procedures 46\n51 Forensic procedures not to be carried out in cruel, inhuman or\ndegrading way 46\n52 Taking samples of hair 46\n53 People who may carry out forensic procedures 47\n54 Sex of person carrying out or helping carry out forensic procedures 52\n55 Person may get help to carry out forensic procedure 53\nDivision 2.6.3 Presence of other people while forensic procedure is\n56 Doctor or dentist of person’s choice may be present for most forensic\nprocedures 54\n57 Presence of interview friend or lawyer while forensic procedure is\ncarried out 55\n58 Presence of police officers while forensic procedure is carried out 56\nDivision 2.6.4 Recording of carrying out of forensic procedure\n59 Recording of forensic procedure 57\n60 Samples 58\n61 Photographs or video recordings 59\n62 Results of analysis 59\n63 Preventing the carrying out of forensic procedure 60\n\nPage\ncontents 5\nPart 2.7 Carrying out of certain forensic procedures\nafter conviction of serious offenders\n64 Forensic procedures to which pt 2.7 applies 61\n65 Non–intimate forensic procedures authorised to be carried out 61\n66 Intimate forensic procedures authorised to be carried out 62\n67 Forensic procedures to be in accordance with pt 2.6 62\n68 Scope of authorisation 62\n69 Informed consent of serious offender to forensic procedure 62\n70 Police officer may request serious offender to consent to forensic\nprocedure 63\n71 Matters to be considered by police officer before requesting consent to\nforensic procedure 63\n72 Matters that serious offender must be informed of before giving\nconsent 64\n73 Circumstances in which police officer may order non-intimate forensic\nprocedure 66\n74 Matters to be considered by police officer 66\n75 Recording of giving of information and consent 67\n76 Record of police officer’s order 67\n77 Court order for carrying out of forensic procedure on serious offender 68\n77A Securing the presence of serious offender at hearing—offender in\ncustody 69\n77B Securing the presence of serious offender at hearing—offender not in\ncustody 70\n77C Procedure at hearing of application for order 71\n78 Carrying out of forensic procedure following conviction 72\nPart 2.8 Carrying out of forensic procedures on\nvolunteers and certain other people\n79 Carrying out of forensic procedures on volunteers 74\n80 Informed consent of volunteer or parent, guardian or close associate\nof volunteer 75\n80A Consent to retention of forensic material taken etc 77\n81 Recording of giving of information etc 78\n82 Withdrawal of consent or end of agreed retention period 79\n\nPage\ncontents 6 Crimes (Forensic Procedures) Act 2000\n83 Circumstances in which magistrate may order carrying out of forensic\nprocedure on child or incapable person 80\n84 Retention of forensic material etc by order of magistrate 82\n84A Certain volunteers—information about matching of DNA profile 83\n84B Who may analyse forensic material? 84\n85 Inadmissibility of evidence from improper forensic procedures etc 85\n86 Inadmissibility of evidence if forensic material required to be destroyed 87\n87 Admissibility of evidence relating to consent to forensic procedures 87\n88 Admissibility of evidence relating to carrying out of forensic procedures 87\n89 Obstructing etc the carrying out of forensic procedure 88\n90 Destruction of certain forensic material obtained by court order 90\n91 Destruction of forensic material taken from serious offender after\nconviction quashed 91\n92 Application for destruction of forensic material after 1 year 91\n93 Destruction of forensic material if related evidence is inadmissible 92\n94 Definitions—Act 93\n94A ACT DNA database 97\n95 Supply of forensic material for prohibited analysis etc 97\n96 Use of information on ACT DNA database 99\n97 Permissible matching of DNA profiles 100\n98 Recording, retention and removal of identifying information on ACT\nDNA database 105\n98A Removal of identifying information about suspects after 1 year 108\nPart 2.12 Operation of Act and effect on other laws\n99 Application of other Acts 110\n\nPage\ncontents 7\n100 Definitions relating to interstate enforcement 111\n101 Registration of orders 112\n102 Database information 112\n103 Powers of lawyers and interview friends 115\n104 Obligation of investigating police officers relating to electronic\nrecordings 116\n105 Material required to be made available to suspect, serious offender or\nvolunteer 117\n106 Suspect, serious offender or volunteer not to be charged for material\nor viewing video 118\n107 Proof of belief 118\n108 Proof of impracticability 118\n109 Liability for forensic procedures 118\n110 Experts not obliged to carry out forensic procedures 119\n111 Disclosure of information 119\n112 Taking, retention and use of forensic material in accordance with\nanother law 121\n113 Retention of electronic recordings 122\nChapter 3 Miscellaneous\n114 Delegation by chief police officer 123\n115 Regulation-making power 123\n116 Forensic procedures under pt 2.7 124\n117 Forensic material taken before commencement 124\n\nPage\ncontents 8 Crimes (Forensic Procedures) Act 2000\nDictionary 125\n1 About the endnotes 130\n2 Abbreviation key 130\n3 Legislation history 131\n4 Amendment history 136\n5 Earlier republications 144\n\ncontents 1\nAn Act about forensic procedures and other matters\n\nPreliminary Chapter 1\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Crimes (Forensic Procedures) Act 2000.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act or in other legislation.\nFor example, the signpost definition ‘crime scene index—see\nsection 94.’ means that the term “crime scene index” is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4A Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 96 (1) (Use of information on ACT DNA database)\n• s 97 (3) (Permissible matching of DNA profiles)\n• s 98 (Recording, retention and removal of identifying information\non ACT DNA database).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Forensic material and forensic procedures","content":"5 Forensic material and forensic procedures\n(1) Forensic material is any of the following taken of or from a person’s\nbody:\n(a) a sample;\n(b) a handprint, fingerprint, footprint or toeprint;\n(c) a photograph or video recording;\n(d) a cast or impression.\nNote Sample is defined in the dictionary to include a sample that consists of\nmatter from someone else’s body.\n(2) A forensic procedure is an intimate forensic procedure or\nnon-intimate forensic procedure.\nNote Intimate forensic procedure and non-intimate forensic procedure are\ndefined in s 6 and s 7.\n(3) A forensic procedure does not include—\n(a) any intrusion into a person’s body cavities (other than the\nmouth); or\n(b) the taking of anything of or from a person’s body for the sole\npurpose of establishing the identity of the person.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"What is an intimate forensic procedure?","content":"6 What is an intimate forensic procedure?\nAn intimate forensic procedure is any of the following forensic\nprocedures:\n(a) an external examination of the genital or anal area, the buttocks,\nor, for a female or a transgender or intersex person who\nidentifies as a female, the breasts;\n(b) the taking of a sample of blood;\n(c) the taking of a sample of pubic hair;\n(d) the taking of a sample by swab or washing from the external\ngenital or anal area, the buttocks, or, for a female or a\nbreasts;\n(e) the taking of a sample by vacuum suction, by scraping or by\nlifting by tape from the external genital or anal area, the\nbuttocks, or, for a female or a transgender or intersex person\nwho identifies as a female, the breasts;\n(f) the taking of a dental impression;\n(g) the taking of a photograph or video recording of, or an\nimpression or cast of a wound from, the genital or anal area, the\nbuttocks, or, for a female or a transgender or intersex person\nwho identifies as a female, the breasts.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"What is a non-intimate forensic procedure?","content":"7 What is a non-intimate forensic procedure?\nA non-intimate forensic procedure is any of the following forensic\nprocedures:\n(a) an examination of a part of the body (other than the genital or\nanal area, buttocks, or, for a female or a transgender or intersex\nperson who identifies as a female, the breasts) that requires\ntouching of the body or removal of clothing;\n(b) the taking of a sample of hair (other than pubic hair);\n\n(c) the taking of a sample from a nail or under a nail;\n(d) the taking of a sample of saliva or a sample by buccal swab;\n(e) the taking of a sample by swab or washing from any external\npart of the body (other than the genital or anal area, the buttocks,\nor, for of a female or a transgender or intersex person who\nidentifies as a female, the breasts);\n(f) the taking of a sample by vacuum suction, by scraping or by\nlifting by tape from any external part of the body (other than the\ngenital or anal area, the buttocks, or, for a female or a\nbreasts);\n(g) the taking of a handprint, fingerprint, footprint or toeprint;\n(h) the taking of a photograph or video recording of, or an\nimpression or cast of a wound from, a part of the body (other\nthan the genital or anal area, the buttocks, or, for a female or a\nbreasts).\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of suspect","content":"8 Meaning of suspect\nA suspect is any of the following:\n(a) a person suspected by a police officer, on reasonable grounds,\nto have committed an offence;\n(b) a person charged with an offence;\n(c) a person who has been summonsed to appear before a court for\nan offence;\n(d) a person who has entered into a voluntary agreement to attend\ncourt (VATAC) for an offence.\n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of serious offence and serious offender","content":"9 Meaning of serious offence and serious offender\n(1) A serious offence is—\n(a) an offence against a territory law punishable by imprisonment\nfor longer than 12 months; or\n(b) an offence against the law of another participating jurisdiction\npunishable by imprisonment for life or by a maximum penalty\nof 2 or more years of imprisonment.\nNote Another participating jurisdiction is defined in s 100.\n(2) A serious offender is a person who is convicted of a serious offence.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of volunteer","content":"10 Meaning of volunteer\nA volunteer, in relation to a forensic procedure, is a person—\n(a) who volunteers to a police officer to undergo the forensic\nprocedure; or\n(b) if the person is a child—whose parent or guardian, on the child’s\nbehalf, volunteers to a police officer that the child undergo the\n(c) if the person is an incapable person—whose parent, guardian or\nclose associate, on the incapable person’s behalf, volunteers to\na police officer that the incapable person undergo the forensic\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of investigating police officer","content":"11 Meaning of investigating police officer\nAn investigating police officer, for an offence in relation to which a\nforensic procedure is carried out or proposed to be carried out, is—\n(a) the police officer in charge of the investigation of the offence;\nor\n(b) any other police officer directed by the police officer in charge\nto do something in relation to the investigation.\n\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of authorised applicant","content":"12 Meaning of authorised applicant\nAn authorised applicant, for an offence in relation to which a\nforensic procedure is carried out or proposed to be carried out, is—\n(a) the police officer in charge of a police station; or\n(b) an investigating police officer; or\n(c) the director of public prosecutions.\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of appropriately qualified person","content":"13 Meaning of appropriately qualified person\nA person is an appropriately qualified person to carry out a forensic\nprocedure if the person is a person (for example, a police officer) who\nis qualified as prescribed by regulation to carry out the forensic\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of child and parent of a child","content":"14 Meaning of child and parent of a child\n(1) Child means a person under 18 years old.\n(2) A parent of a child is a person who has parental responsibility for the\nchild.\n(3) Parental responsibilities for a child are all the duties, powers,\nresponsibilities and authority parents have by law in relation to their\nchildren.\n","sortOrder":14},{"sectionNumber":"14A","sectionType":"section","heading":"Meaning of close associate","content":"14A Meaning of close associate\n(1) In this Act:\nclose associate, for an incapable person—\n(a) includes the following:\n(i) the incapable person’s domestic partner;\nNote Domestic partner—see the Legislation Act, s 169 (1).\n(ii) a carer of the incapable person;\n\n(iii) a relative or friend of the incapable person; but\n(b) does not include the following:\n(i) a child;\n(ii) a person who appears to have impaired decision-making\ncapacity.\n(2) In this section:\ncarer, of an incapable person, means a person who gives, or arranges\nfor the giving of, care and support to the incapable person in a\ndomestic context but does not receive payment or reward for the care\nand support.\nfriend, of an incapable person, means someone other than a relative\nwho—\n(a) is in a close personal relationship with the person; and\n(b) has frequent contact with the person; and\n(c) has a genuine personal interest in the person’s welfare; and\n(d) does not receive payment or reward for the contact.\npayment, for a carer, does not include a carer’s pension (however\ndescribed).\nrelative, of an incapable person, means a son, daughter, son-in-law,\ndaughter-in-law, mother, father, mother-in-law, father-in-law,\nbrother, sister, brother-in-law, sister-in-law or grandparent of the\nperson who—\n(a) has frequent contact with the person; and\n(b) has a genuine personal interest in the person’s welfare; and\n(c) does not receive payment or reward for the contact.\n\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of incapable person","content":"15 Meaning of incapable person\nAn incapable person means an adult who is incapable, or temporarily\nincapable, of—\n(a) understanding the general nature and effect of, and purposes of\ncarrying out, a forensic procedure; or\n(b) indicating whether or not he or she consents or does not consent\nto a forensic procedure being carried out.\nExamples—temporarily incapable\n1 a person who is sedated\n2 a person who is affected by drugs or alcohol\nNote An example is part of the Act, is not exhaustive and may extend, but does\nnot limit, the meaning of the provision in which it appears (see\nLegislation Act, s 126 and s 132).\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Interview friend","content":"16 Interview friend\n(1) This section applies to a suspect, serious offender or volunteer who\nis—\n(a) a child; or\n(b) an incapable person; or\n(c) an Aboriginal or Torres Strait Islander person.\n(2) An interview friend of the person is—\n(a) a parent or guardian or other person chosen by, or acceptable to,\nthe person; or\n(b) a lawyer of the person; or\n(c) if the person is an incapable person—a close associate of the\nperson; or\n\n(d) if no-one mentioned in paragraphs (a) to (c) is available—\na person chosen by an authorised applicant for a forensic order\nin relation to the person who is not—\n(i) a police officer; or\n(ii) in any way involved in the investigation of the offence\nconcerned.\n(3) If the person has a lawyer, the person may also have an interview\nfriend who is not the lawyer.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Police officer to ask if person is Aboriginal or Torres","content":"17 Police officer to ask if person is Aboriginal or Torres\nStrait Islander person\nBefore a police officer asks a suspect to consent to a forensic\nprocedure under this Act, the police officer must ask the suspect if the\nsuspect is an Aboriginal or Torres Strait Islander person.\n\nCircumstances in which forensic procedures on suspects may be authorised Part 2.2\n","sortOrder":18},{"sectionNumber":"Part 2","sectionType":"part","heading":"2 Circumstances in which forensic","content":"Part 2.2 Circumstances in which forensic\nprocedures on suspects may be\nauthorised\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"How forensic procedures may be authorised in different","content":"18 How forensic procedures may be authorised in different\ncircumstances\nTable 18 shows the circumstances in which a forensic procedure may\nbe carried out on a suspect, and shows the provisions that authorise\nthe carrying out of the procedure.\nTable 18 Authorisations for forensic procedures\nitem\nsections\nsuspect\nintimate forensic\ncolumn 5\nnon-intimate\n1 • 19 adult not in\ncustody\n• 31 • by forensic\n• by forensic\n2 • 19 adult in custody • with informed\n• 27 • by forensic\npolice officer\nunder part 2.4\n• 31 by forensic order\n• by forensic\n\nPart 2.2 Circumstances in which forensic procedures on suspects may be authorised\nitem\nsections\nsuspect\nintimate forensic\ncolumn 5\nnon-intimate\n3 31 incapable\nperson (whether\nor not in\ncustody)\n4 31 child (whether\nor not in\ncustody)\nNote Pt 2.3 deals with forensic procedures carried out with the consent of the\nsuspect. Pt 2.4 deals with non-intimate forensic procedures carried out on\na suspect by order of a police officer. Pt 2.5 deals with forensic\nprocedures carried out on a suspect by order of a magistrate.\n\nPart 2.3 Forensic procedures by consent\nof suspect\n19 Forensic procedure may be carried out with informed\nconsent of suspect\n(1) A person is authorised to carry out a forensic procedure on a suspect\nwith the informed consent of the suspect.\n(3) This part does not authorise the carrying out of a forensic procedure\non a suspect who is a child or incapable person.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"People who cannot consent to forensic procedures","content":"20 People who cannot consent to forensic procedures\nA child or incapable person cannot consent to the carrying out of a\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Informed consent of suspect to forensic procedure","content":"21 Informed consent of suspect to forensic procedure\n(1) A suspect gives informed consent to a forensic procedure if the\nsuspect consents after a police officer—\n(a) requests the suspect to consent to the forensic procedure under\nsection 22; and\n(b) informs the suspect about the forensic procedure in accordance\nwith section 24 (Matters that suspect must be informed of before\ngiving consent); and\n(c) gives the suspect the opportunity to communicate, or attempt to\ncommunicate, with a lawyer of the suspect’s choice.\n\n(2) The police officer must allow the suspect to communicate, or attempt\nto communicate, with the lawyer in private unless the police officer\nsuspects on reasonable grounds that the suspect might attempt to\ndestroy or contaminate any evidence that might be obtained by\ncarrying out the forensic procedure.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Police officer may request suspect to consent to forensic","content":"22 Police officer may request suspect to consent to forensic\nA police officer may request a suspect to undergo a forensic\nprocedure if the police officer is satisfied as required by section 23.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Matters to be considered by police officer before","content":"23 Matters to be considered by police officer before\nrequesting consent to forensic procedure\n(1) The police officer must be satisfied on the balance of probabilities\nthat—\n(a) the person on whom the forensic procedure is proposed to be\ncarried out is a suspect; and\na handprint, fingerprint, footprint or toeprint—the offence in\nrelation to which the person is a suspect is a serious offence and\nthere are reasonable grounds to believe that the forensic\nprocedure is likely to produce evidence tending to confirm or\ndisprove that the suspect committed—\n\nobtained because of carrying out the proposed forensic\nprocedure on the suspect is likely to have probative value;\nand\nfootprint or toeprint—the offence in relation to which the person\nis a suspect is an offence other than an offence that may be dealt\nwith by way of infringement notice and there are reasonable\ngrounds to believe that the forensic procedure is likely to\nproduce evidence tending to confirm or disprove that the suspect\ncommitted—\n(d) the person on whom the forensic procedure is proposed to be\ncarried out is not a child or incapable person; and\n(e) the request for consent to carry out the forensic procedure is\n(2) In deciding whether a request is justified in all the circumstances, the\npolice officer must balance the public interest in obtaining evidence\ntending to confirm or disprove that the suspect committed the offence\nconcerned against the public interest in upholding the physical\nintegrity of the suspect.\n\n(3) In balancing those interests, the police officer must have regard to the\nthe suspect, to the extent that they are known to the police\nofficer;\n(d) whether there is a less intrusive but reasonably practicable way\n(e) if the suspect gives any reasons for refusing to consent—the\n(f) any other matter considered relevant to balancing those\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Matters that suspect must be informed of before giving","content":"24 Matters that suspect must be informed of before giving\nconsent\n(1) The police officer must inform the suspect of the following matters:\n(a) that the giving of information under this section, and the giving\nof consent (if any) by the suspect, will be recorded by electronic\nmeans or in writing, and that the suspect has a right to a copy of\nthat record;\nNote See s 26 (Recording of giving of information and consent) and\ns 104 (Obligation of investigating police officers relating to\nelectronic recordings).\n(b) the purpose for which the forensic procedure is required;\n\n(c) the fact that the person is a suspect in the offence in relation to\nwhich the police officer wants the forensic procedure carried\nout;\n(d) the way in which the forensic procedure is to be carried out;\n(e) that the forensic procedure may produce evidence against the\nsuspect that might be used in a court of law;\n(f) that the forensic procedure will be carried out by an\nappropriately qualified person;\n(g) if relevant, the matters mentioned in subsection (2) or (3);\n(h) that the suspect may refuse to consent to the carrying out of the\nforensic procedure;\n(i) the consequences of not consenting, as mentioned in\nsubsection (4), (5) or (6) (whichever is applicable);\n(j) the effect of section 87 (Admissibility of evidence relating to\nconsent to forensic procedures);\n(k) that information obtained from analysis of forensic material\nobtained may be placed on the ACT DNA database and the rules\nthat will apply to its disclosure and use under this Act, including\nthat the information may be compared with information from the\nDNA databases of other participating jurisdictions;\n(l) that the suspect may apply to a court for an order that the\nforensic material obtained be destroyed, and the circumstances\nwhen the court may order destruction.\nNote Section 92 (Application for destruction of forensic material after\n1 year) sets out when the court may order destruction.\n(2) The police officer must inform the suspect that the suspect may\nrequest that a doctor of the suspect’s choice be present while an\nintimate forensic procedure (other than the taking of a dental\nimpression) is carried out or a sample of saliva or sample by buccal\nswab is taken.\n\n(3) If the forensic procedure is the taking of a dental impression, sample\nof saliva or sample by buccal swab, the police officer must inform the\nsuspect that the suspect may request that a dentist of the suspect’s\nchoice be present while the procedure is carried out.\n(4) If the suspect is in custody and the forensic procedure is a\nnon-intimate forensic procedure, the police officer must inform the\nsuspect that, if the suspect does not consent—\n(a) a police officer may order the carrying out of the forensic\nprocedure under part 2.4 (Non-intimate forensic procedures on\nsuspect by order of police officer) if the police officer is satisfied\nabout the matters mentioned in section 23 (Matters to be\nconsidered by police officer before requesting consent to\nforensic procedure); and\nto be carried out.\n(5) If the suspect is in custody and the forensic procedure is an intimate\nforensic procedure, the police officer must inform the suspect that, if\nthe suspect does not consent—\n(a) an application may be made to a magistrate for an order\nauthorising the carrying out of the forensic procedure; and\nto be carried out if the order is made.\n(6) If the suspect is not in custody, the police officer must inform the\nsuspect that, if the suspect does not consent—\n(a) an application may be made to a magistrate for an order\nauthorising the carrying out of the forensic procedure; and\nto be carried out if the order is made.\n\n","sortOrder":25},{"sectionNumber":"24A","sectionType":"section","heading":"Aboriginal or Torres Strait Islander suspects","content":"24A Aboriginal or Torres Strait Islander suspects\n(1) This section applies if a person is an Aboriginal or Torres Strait\nIslander person.\n(2) The police officer must not ask the suspect to consent to a forensic\nprocedure unless—\n(a) an interview friend is present; or\n(b) the suspect has expressly and voluntarily waived the suspect’s\nright to have an interview friend present.\n(3) In addition to the matters mentioned in section 24, the police officer\nmust—\n(a) inform the suspect that the Aboriginal legal service will be\nnotified that the suspect will be asked to consent to a forensic\n(b) as soon as practicable, notify the Aboriginal legal service.\n(4) Subsection (3) does not apply if the suspect—\n(a) has arranged for a lawyer to be present; or\n(b) expressly waives the suspect’s right to have a lawyer present.\n(5) After notifying the Aboriginal legal service under subsection (3), the\npolice officer must allow the suspect to communicate, or attempt to\ncommunicate with the interview friend or lawyer in private, unless—\n(a) the suspect is under arrest; and\n(b) the officer believes on reasonable grounds that the suspect may\nattempt to destroy or contaminate any evidence that may be\nobtained by carrying out the forensic procedure.\n\n(6) An interview friend (other than a lawyer) of the suspect may be\nexcluded from the presence of the officer and the suspect if the\ninterview friend unreasonably interferes with or obstructs the officer\nin performing a function under this part.\nAboriginal legal service means the Aboriginal Legal Service\n(NSW/ACT) Limited (ACN 118 431 066).\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Withdrawal of suspect’s consent","content":"25 Withdrawal of suspect’s consent\nIf a suspect expressly withdraws consent to the carrying out of a\nforensic procedure under this Act (or if the withdrawal of such\nconsent can reasonably be inferred from the suspect’s conduct) before\nor during the carrying out of the forensic procedure—\n(a) the forensic procedure must be treated from the time of the\nwithdrawal as a forensic procedure for which consent has been\nrefused; and\n(b) the forensic procedure may be carried out in accordance with an\norder under part 2.4 (Non-intimate forensic procedures on\nsuspect by order of police officer) or part 2.5 (Forensic\nprocedures on suspect by order of magistrate) and not otherwise.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Recording of giving of information and consent","content":"26 Recording of giving of information and consent\n(1) The police officer must, if practicable, ensure that the giving of the\ninformation about the proposed forensic procedure and the suspect’s\nresponses (if any) are recorded by audiotape, videotape or other\nelectronic means.\n\n(2) If electronic recording of the giving of the information and the\nsuspect’s responses (if any) is not practicable, the police officer must\nensure that a written record of the giving of the information and the\nsuspect’s responses (if any) is made, and that a copy of the record is\nmade available to the suspect.\ntapes) available to the suspect.\n\nPart 2.4 Non-intimate forensic procedures on suspect by order of police officer\nPart 2.4 Non-intimate forensic\nprocedures on suspect by order\nof police officer\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Non-intimate forensic procedure may be carried out by","content":"27 Non-intimate forensic procedure may be carried out by\norder of police officer\n(1) A person is authorised to carry out a non-intimate forensic procedure\non a suspect in custody by order of a police officer under this part.\n(3) This part does not authorise the carrying out of a forensic procedure\non a suspect who is a child or incapable person.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Circumstances in which police officer may order","content":"28 Circumstances in which police officer may order\nnon-intimate forensic procedure\nA police officer may order the carrying out of a non-intimate forensic\nprocedure on a suspect who is in custody if—\n(a) the suspect has been asked under part 2.3 (Forensic procedures\nby consent of suspect) to consent to the carrying out of the\nforensic procedure; and\n(b) the suspect has not consented; and\n(c) the police officer is satisfied as required by section 29.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Matters to be considered by police officer before ordering","content":"29 Matters to be considered by police officer before ordering\n(1) The police officer must be satisfied on the balance of probabilities\nthat—\n(a) the suspect is in custody that is lawful custody; and\n\nNon-intimate forensic procedures on suspect by order of police officer Part 2.4\na handprint, fingerprint, footprint or toeprint—the offence for\nwhich the person is a suspect is a serious offence and there are\nreasonable grounds to believe that the suspect committed—\nobtained because of carrying out the procedure on the\nsuspect is likely to have probative value; and\nfootprint or toeprint—the offence for which the person is a\nsuspect is an offence other than an offence that may be dealt with\nby way of infringement notice and there are reasonable grounds\nto believe that the suspect committed—\n(d) there are reasonable grounds to believe that the forensic\nprocedure is likely to produce evidence tending to confirm or\ndisprove that the suspect committed the relevant offence; and\n(e) the carrying out of the forensic procedure without consent is\n\nPart 2.4 Non-intimate forensic procedures on suspect by order of police officer\n(2) In deciding whether the carrying out of the forensic procedure\nwithout consent is justified in all the circumstances, the police officer\nmust balance the public interest in obtaining evidence tending to\nconfirm or disprove that the suspect committed the offence concerned\nagainst the public interest in upholding the physical integrity of the\nsuspect.\n(3) In balancing those interests, the police officer must have regard to the\nthe suspect, to the extent that they are known to the police\nofficer;\n(d) whether there is a less intrusive but reasonably practicable way\n(e) if the suspect gives any reasons for refusing to consent—the\n(f) any other matter considered relevant to balancing those\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Record of police officer’s order","content":"30 Record of police officer’s order\n(1) If a police officer orders the carrying out of a forensic procedure on a\nsuspect who is in custody, the police officer must—\n(a) make a record of—\n(i) the order; and\n(ii) the date and time the order was made; and\n\nNon-intimate forensic procedures on suspect by order of police officer Part 2.4\n(b) sign the record.\n(2) The police officer must make and sign the record when the order is\nmade or as soon as practicable afterwards.\n(3) The police officer must ensure that a copy of the record is made\navailable to the suspect as soon as practicable after the record is made.\n\nPart 2.5 Forensic procedures on suspect\nby order of magistrate\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Forensic procedure may be carried out by order of","content":"31 Forensic procedure may be carried out by order of\n(1) A person is authorised to carry out a forensic procedure on a suspect\nby order of a magistrate under this part.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Circumstances in which magistrate may order forensic","content":"32 Circumstances in which magistrate may order forensic\nA magistrate may, under section 33 or section 41 (Interim order for\nimmediate carrying out of forensic procedure), order the carrying out\nof a forensic procedure on a suspect if—\n(a) the suspect is not in custody and has not consented to the\n(b) the suspect is in custody, has been requested to consent and has\nnot consented to the forensic procedure; or\n(c) the suspect is in custody and the investigation period when the\nsuspect may lawfully be held has not yet expired; or\n(d) the suspect is a child or incapable person.\n\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Final order for carrying out of forensic procedure","content":"33 Final order for carrying out of forensic procedure\nA magistrate may order the carrying out of a forensic procedure on a\nsuspect if—\n(a) section 32 applies; and\n(b) the magistrate is satisfied as required by section 34.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Matters to be considered by magistrate before ordering","content":"34 Matters to be considered by magistrate before ordering\n(1) The magistrate must be satisfied on the balance of probabilities that—\n(a) the person on whom the forensic procedure is proposed to be\ncarried out is a suspect; and\na handprint, fingerprint, footprint or toeprint—the offence for\nwhich the person is a suspect is a serious offence and, on the\nevidence before the magistrate, there are reasonable grounds to\nbelieve that the suspect committed—\nobtained because of carrying out the procedure on the\nsuspect is likely to have probative value; and\n\nfootprint or toeprint—the offence for which the person is a\nsuspect is an offence other than an offence that may be dealt with\nby way of infringement notice and, on the evidence before the\nmagistrate, there are reasonable grounds to believe that the\nsuspect committed—\n(d) the carrying out of the forensic procedure is justified in all the\ncircumstances.\n(2) In deciding whether the carrying out of the forensic procedure is\njustified in all the circumstances, the magistrate must balance the\npublic interest in obtaining evidence tending to confirm or disprove\nthat the suspect committed the offence concerned against the public\ninterest in upholding the physical integrity of the suspect.\n(3) In balancing those interests, the magistrate must have regard to the\nthe suspect, to the extent that they are known to the magistrate;\n\n(d) if the suspect is a child or incapable person—the best interests\nof the suspect;\n(e) whether there is a less intrusive but reasonably practicable way\n(f) if the suspect gives any reasons for refusing to consent—the\n(g) if the suspect is in custody and the investigation period when the\nsuspect may lawfully be held has not expired—\n(i) the period for which the suspect has already been detained;\nand\n(ii) the reasons for any delay in proposing the carrying out of\nthe forensic procedure;\n(h) any other matter considered relevant to balancing those\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Application for order","content":"35 Application for order\n(1) An authorised applicant (and no-one else) may apply to a magistrate\nfor an order under section 32 (Circumstances in which magistrate\nmay order forensic procedure) authorising the carrying out of a\nforensic procedure on a suspect.\n(2) An application for an order must—\n(a) be made in writing; and\n(b) be supported by evidence on oath or by affidavit dealing with\nthe matters mentioned in section 34 (1) (Matters to be\nconsidered by magistrate before ordering forensic procedure);\nand\n(c) state the type of forensic procedure sought to be carried out.\n\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Securing the presence of suspects at hearings—suspect","content":"36 Securing the presence of suspects at hearings—suspect\nin custody\n(1) If the suspect is in the custody of a police officer or is otherwise\ndetained under territory law (the original custody), the magistrate\nmay, on the application of a police officer, issue a warrant directing\nthe person holding the suspect in the original custody to deliver the\nsuspect into the custody of the police officer (temporary custody) for\nthe hearing of an application for an order under this part.\n(2) The police officer given temporary custody must return the suspect to\nthe place of the original custody—\n(a) if the application for the order is refused—without delay; or\n(b) if the order is made—without delay after the period after the\norder is made that is reasonably necessary to carry out the\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Securing the presence of suspects at hearings—suspect","content":"37 Securing the presence of suspects at hearings—suspect\nnot in custody\n(1) If the suspect is not in custody, the Magistrates Court may, on the\napplication of a police officer, issue—\n(a) a summons for the appearance of the suspect at the hearing of\nthe application; or\n(b) a warrant for the arrest of the suspect to bring the suspect before\nthe court for the hearing of the application.\n(2) An application for a summons or warrant under subsection (1) must\nbe—\nmatters mentioned in—\n(i) for a summons—subsection (3) (a) and (b); and\n\n(ii) for a warrant—subsection (4) (a) (b) and (c).\n(3) The Magistrates Court may issue a summons only if satisfied that the\nissue of the summons—\n(a) is necessary to ensure the appearance of the suspect at the\nhearing of the application; or\n(b) is otherwise justified.\n(4) The Magistrates Court may issue a warrant only if satisfied—\n(a) that the arrest is necessary to ensure the appearance of the\nsuspect at the hearing of the application; or\n(b) that the suspect might destroy evidence that might be obtained\nby carrying out the forensic procedure; or\n(c) that the issue of the warrant is otherwise justified.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Procedure at hearing of application for order","content":"38 Procedure at hearing of application for order\n(1) This section applies if an authorised applicant has applied under\nsection 35 for an order authorising the carrying out of a forensic\nprocedure on a suspect.\n(2) The suspect must be present at the hearing of the application unless—\n(a) the suspect is remanded or otherwise detained in lawful custody\nin a State and it is not practicable for the suspect to be present\nby audio link or audiovisual link; or\nNote 1 State includes the Northern Territory (see Legislation Act, dict,\npt 1).\nNote 2 The Evidence (Miscellaneous Provisions) Act 1991, ch 3 applies in\naudiovisual link or audio link from a State. See also the\nMagistrates Court Act 1930, s 311 (Appearance by audiovisual or\naudio links etc).\n\n(b) the application (and any summons issued under\nsection 37 (1) (a)) has been served on the suspect and the\nsuspect is not present.\n(3) If the suspect is a child, incapable person or Aboriginal or Torres\nStrait Islander person, the suspect must be represented by an\ninterview friend and may also be represented by a lawyer.\n(4) Any other suspect may be represented by a lawyer.\n(5) The suspect or his or her representative—\n(a) may cross-examine the applicant for the order; and\n(b) may, with the leave of the magistrate, call or cross-examine any\nother witnesses; and\n(c) may address the magistrate.\n(6) A magistrate may give leave under subsection (5) (b) only if the\nmagistrate is of the opinion that there are substantial reasons why, in\nthe interests of justice, the witness should be called or\ncross-examined.\naudio link means a system of 2-way communication linking different\nplaces so that a person speaking at any of them can be heard at the\nother places.\naudiovisual link means a system of 2-way communication linking\ndifferent places so that a person at any of them can be seen and heard\nat the other places.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Action to be taken on making of orders","content":"39 Action to be taken on making of orders\n(1) If a magistrate makes an order for the carrying out of a forensic\nprocedure, the magistrate must—\n(a) give reasons for making the order; and\n(b) ensure that a written record of the order is kept; and\n\n(c) if the suspect is present or represented by a lawyer—inform the\nsuspect or lawyer that reasonable force may be used to enable\nthe forensic procedure to be carried out; and\n(d) if the suspect is a child, incapable person or Aboriginal or Torres\nStrait Islander person—inform the suspect’s interview friend or\nlawyer that reasonable force may be used to enable the forensic\nprocedure to be carried out.\n(2) The magistrate may give directions about the date, time, place where,\nor how a forensic procedure is to be carried out.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Suspect in custody may be kept in custody for carrying","content":"40 Suspect in custody may be kept in custody for carrying\nout forensic procedure\n(1) This section applies if a magistrate orders the carrying out of a\nforensic procedure on a suspect mentioned in section 32\n(Circumstances in which magistrate may order forensic procedure).\n(2) If the suspect is in custody, the suspect may be detained in custody\nfor as long as reasonably necessary to carry out the forensic\n(3) An order made in the circumstances set out in section 32 (c) operates\ndespite any other law.\nNote Section 32 (c) is about a suspect who is in custody and the investigation\nperiod when the suspect may lawfully be held has not expired.\n","sortOrder":42},{"sectionNumber":"40A","sectionType":"section","heading":"Magistrate may order arrest etc of suspect not in custody","content":"40A Magistrate may order arrest etc of suspect not in custody\nfor carrying out forensic procedure\n(1) This section applies if a magistrate orders the carrying out of a\nforensic procedure on a suspect mentioned in section 32 (a forensic\nprocedure order).\n\n(2) If the suspect is not in custody, the magistrate may, on the application\nof an authorised applicant, also make an order (an arrest and removal\norder) for—\n(a) the arrest of the suspect for the purpose of carrying out the\nforensic procedure; and\n(b) the removal of the suspect to the place where the forensic\nprocedure is to be carried out.\n(3) The magistrate may make an arrest and removal order only if satisfied\non reasonable grounds that—\n(a) the order is necessary to ensure that the forensic procedure will\nbe carried out; or\n(b) the suspect might destroy evidence that might be obtained by\ncarrying out the forensic procedure; or\n(c) the order is otherwise justified.\n(4) An authorised applicant may apply for an arrest and removal order in\nrelation to a suspect—\n(a) when the authorised applicant applies for a forensic procedure\norder in relation to the suspect; or\n(b) at any time after a magistrate has made a forensic procedure\norder in relation to the suspect.\n","sortOrder":43},{"sectionNumber":"40B","sectionType":"section","heading":"Arrest, removal and detention of suspect","content":"40B Arrest, removal and detention of suspect\n(1) This section applies if a police officer has power to arrest a suspect\nunder an arrest and removal order.\n(2) The police officer must—\n(a) use the minimum amount of force necessary to arrest or remove\nthe suspect; and\n\n(b) before removing the suspect, explain to the suspect the reason\nfor the arrest.\nNote The Crimes Act 1900, s 252I requires that a responsible person for a child\nbe told if the child is arrested.\n(3) The suspect may be detained in custody for as long as reasonably\nnecessary to carry out the forensic procedure.\n","sortOrder":44},{"sectionNumber":"40C","sectionType":"section","heading":"Arrest and removal order—warrant to enter premises","content":"40C Arrest and removal order—warrant to enter premises\n(1) This section applies if a magistrate makes an arrest and removal order\nin relation to a suspect.\n(2) An authorised applicant may apply to a magistrate for a warrant to\nenter premises to arrest the suspect.\n(3) The application must be sworn and state the grounds on which the\nwarrant is sought.\nNote Swear an oath includes make an affirmation (see Legislation Act, dict,\npt 1, def swear).\n(4) The magistrate may refuse to consider the application until the\nauthorised applicant gives the magistrate all the information the\nmagistrate requires about the application in the way the magistrate\nrequires.\n(5) The magistrate may issue a warrant only if satisfied on reasonable\ngrounds that the warrant is necessary to enable the arrest of the\nsuspect.\n(6) The warrant must state—\n(a) that a police officer may, with any necessary assistance and\nforce, enter the premises to arrest the suspect; and\n(b) the hours when the premises may be entered; and\n(c) the date (within 7 days after the day the warrant is issued) that\nthe warrant ends.\n\n(7) An authorised applicant may apply for a warrant in relation to a\nsuspect—\n(a) when the authorised applicant applies for an arrest and removal\norder in relation to the suspect; or\n(b) at any time after a magistrate has made an arrest and removal\norder in relation to the suspect.\n","sortOrder":45},{"sectionNumber":"40D","sectionType":"section","heading":"Warrant to enter premises—announcement before entry","content":"40D Warrant to enter premises—announcement before entry\nand copy of warrant\n(1) A police officer must, before anyone enters premises under a warrant\nmentioned in section 40C—\n(a) announce that the officer is authorised to enter the premises; and\n(b) give anyone at the premises an opportunity to allow entry to the\npremises; and\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—identify\nhimself or herself to the person.\n(2) A police officer is not required to comply with subsection (1) if the\nofficer believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of the officer or anyone assisting the officer; or\n(b) the safety of anyone at the premises; or\n(c) that the effective execution of the warrant is not frustrated.\n(3) If an occupier of premises, or someone else who apparently represents\nthe occupier, is present at the premises while a warrant is being\nexecuted, the police officer or anyone assisting must make available\nto the person a copy of the warrant.\n\n(4) In this section:\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\n","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Interim order for immediate carrying out of forensic","content":"41 Interim order for immediate carrying out of forensic\n(1) A magistrate may make an interim order authorising the immediate\ncarrying out of a forensic procedure on a suspect if—\n(a) section 32 (Circumstances in which magistrate may order\nforensic procedure) applies; and\n(b) the magistrate is satisfied that the probative value of evidence\nobtained because of the forensic procedure concerned is likely\nto be lost or destroyed if there is delay in carrying out the\n(c) the magistrate is satisfied that there is sufficient evidence to\nindicate that a magistrate is reasonably likely to be satisfied of\nthe existence of the matters mentioned in section 34 (1) (Matters\nto be considered by magistrate before ordering forensic\nprocedure) when the application is finally decided.\n(2) An interim order operates as provided by this division until a\nmagistrate, at a hearing held as mentioned in section 44 (2) (Action\nto be taken on making of interim orders), confirms the interim order\nor disallows it.\n\n(3) Division 2.5.2 applies to the making of an order confirming the\ninterim order in the same way as it applies to the making of an order\nunder section 33 (Final order for carrying out of forensic procedure),\nand an order confirming the interim order is taken to be an order under\nsection 33.\n","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Applications for interim orders","content":"42 Applications for interim orders\n(1) An authorised applicant may, without bringing a suspect before a\nmagistrate and without obtaining an order under section 33 (Final\norder for carrying out of forensic procedure), make an application\nseeking an order (an interim order) authorising the immediate\ncarrying out of a forensic procedure on the suspect.\n(2) An application for an interim order must—\n(a) be supported by evidence on oath or by affidavit dealing with\nthe matters mentioned in section 41 (1); and\n(b) state the type of forensic procedure sought to be carried out.\n(3) An application for an interim order may be made in person or, if that\nis not practicable, by telephone, radio, fax or other means of\ncommunication.\n(4) The suspect must be in the presence of the authorised applicant when\nthe application is made unless the suspect is remanded or otherwise\ndetained in lawful custody in a State and it is not practicable for the\nsuspect to be present by audio link or audiovisual link.\nNote 1 State includes the Northern Territory (see Legislation Act, dict, pt 1).\nNote 2 The Evidence (Miscellaneous Provisions) Act 1991, s 20 (Territory courts\nmay take evidence and submissions from participating States) applies in\naudiovisual link or audio link from a participating State. See also the\nMagistrates Court Act 1930, s 311 (Appearance by audiovisual or audio\nlinks etc).\n\n(5) If the suspect is a child, incapable person or Aboriginal or Torres\nStrait Islander person, the suspect’s interview friend or lawyer must\nalso be in the presence of the authorised applicant.\n(6) However, the suspect’s interview friend (other than a lawyer) may be\nexcluded from the presence of the authorised applicant if the\ninterview friend unreasonably interferes with or obstructs the making\nof the application.\naudio link—see section 38 (6).\naudiovisual link—see section 38 (6).\n","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Procedure at hearing of application for interim order","content":"43 Procedure at hearing of application for interim order\n(1) If the application is made in person, or by telephone, radio or other\nform of oral communication, the magistrate must ensure that the\nfollowing are given an opportunity to speak to the magistrate:\n(a) the suspect (if present);\n(b) the suspect’s lawyer (if any);\n(c) the suspect’s interview friend (if any).\n(2) If the application is made by fax or other form of written\ncommunication, the magistrate must ensure that the following are\ngiven an opportunity to make a written submission to accompany the\napplication, or to speak to the magistrate by telephone, radio or other\nform of oral communication:\n(a) the suspect (if present);\n(b) the suspect’s lawyer (if any);\n(c) the suspect’s interview friend (if any).\n\n","sortOrder":49},{"sectionNumber":"44","sectionType":"section","heading":"Action to be taken on making of interim orders","content":"44 Action to be taken on making of interim orders\n(1) A magistrate who makes an interim order must inform the applicant\nfor the order personally, or by telephone, radio, fax or other means of\ncommunication—\n(a) that the order has been made; and\n(b) of the terms of the order, including the matters mentioned in\nsubsection (2); and\n(c) of any orders or directions given under subsection (3) in relation\nto the order.\n(2) An interim order must state the date and time when, and place where,\na further hearing on the application will take place and the application\nwill be finally decided by the making of an order confirming or\ndisallowing the interim order.\n(3) A magistrate may make the orders and give the directions in relation\nto an interim order that a magistrate may make or give in relation to\nan order under section 33 (Final order for carrying out of forensic\nprocedure).\n","sortOrder":50},{"sectionNumber":"45","sectionType":"section","heading":"Records of applications and interim orders","content":"45 Records of applications and interim orders\n(1) The applicant for an interim order, at the time of, or as soon as\npracticable after, applying for the interim order, must make a record\n(the applicant’s record) of—\n(a) the application; and\n(b) the grounds for seeking the order; and\n(c) the date and time when the order was made; and\n(d) the order made; and\n(e) the magistrate’s name.\n\n(2) The magistrate must—\n(a) at the time of, or as soon as practicable after, making an interim\norder, make a record (the magistrate’s record) of—\n(i) the date and time when the order was made; and\n(ii) the order made; and\n(b) sign the magistrate’s record and send it to the applicant.\n(3) The applicant must ensure that a copy of the magistrate’s record and\na copy of the applicant’s record are made available to the suspect as\nsoon as practicable after the applicant receives the magistrate’s\nrecord.\n","sortOrder":51},{"sectionNumber":"46","sectionType":"section","heading":"Suspect may be prevented from destroying or","content":"46 Suspect may be prevented from destroying or\ncontaminating evidence\n(1) Any police officer may, while waiting for the application seeking an\ninterim order to be decided, use reasonable force to prevent the\nsuspect destroying any evidence that might be obtained by carrying\nout the forensic procedure if the order is made.\n(2) This section does not authorise anyone to carry out a forensic\nprocedure before an interim order is made.\n","sortOrder":52},{"sectionNumber":"47","sectionType":"section","heading":"Results of forensic procedures carried out under interim","content":"47 Results of forensic procedures carried out under interim\norder\n(1) A sample taken under an interim order may be analysed only if—\n(a) the sample is likely to perish before a final order is made; or\n(b) a final order is made confirming the interim order.\n\n(2) A person who conducts an analysis in the circumstances mentioned\nin subsection (1) (a) must not intentionally or recklessly disclose the\nresults of the analysis to anyone—\n(a) during the period before a final order is made; or\n(b) if the interim order is disallowed.\n","sortOrder":53},{"sectionNumber":"48","sectionType":"section","heading":"Restrictions on publication","content":"48 Restrictions on publication\nA person must not intentionally or recklessly, in any report of a\nproceeding under this part, publish—\n(a) the name of the suspect on whom a forensic procedure is carried\nout or proposed to be carried out in relation to an offence; or\n(b) any information likely to enable the identification of the suspect;\nunless the suspect has been charged with the relevant offence or the\nmagistrate, by order, has authorised publication.\n\nGeneral provisions Division 2.6.1\n","sortOrder":54},{"sectionNumber":"48A","sectionType":"section","heading":"Meaning of relevant person—pt 2.6","content":"48A Meaning of relevant person—pt 2.6\nIn this part:\nrelevant person means the suspect, serious offender or volunteer on\nwhom a forensic procedure is, or is to be, carried out.\n","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"General rules for carrying out forensic procedures","content":"49 General rules for carrying out forensic procedures\nA forensic procedure—\n(a) must be carried out in circumstances providing reasonable\nprivacy to the relevant person; and\n(b) except as permitted under another provision of this Act, must\nnot be carried out in the presence or view of anyone who is of\nthe opposite sex to the relevant person; and\n(c) must not be carried out in the presence or view of a person whose\npresence is not necessary for the forensic procedure or required\nor permitted under another provision of this Act; and\n(d) must not involve the removal of more clothing than is necessary\nfor carrying out the procedure; and\n(e) must not involve more visual inspection than is necessary for\ncarrying out the procedure.\n\n","sortOrder":56},{"sectionNumber":"49A","sectionType":"section","heading":"Rules for carrying out forensic procedures—giving and","content":"49A Rules for carrying out forensic procedures—giving and\nrecording information\n(1) Before a forensic procedure is carried out on a person in relation to\nthe investigation of a matter by a police officer, a police officer must\nensure that the person is informed about the person’s right to\nrequest—\n(a) if a sample is to be taken from the person, and there is sufficient\nmaterial for an analysis to be carried out by or for the person and\nthe officer—that a part of the material sufficient for analysis be\nmade available to the person; and\n(b) if a photograph or a video recording of a part of the person’s\nbody is to be taken—that a copy of the photograph or video\nrecording be made available to the person; and\n(c) if a sample is to be taken from the person, and material from the\nsample is analysed in the investigation of the matter—that a\ncopy of the results of the analysis be made available to the\n(2) The police officer must, if practicable, ensure that the giving of the\ninformation mentioned in subsection (1), and the person’s responses\n(if any) are recorded by audiotape, videotape or other electronic\nmeans.\n(3) If electronic recording of the giving of the information and the\nperson’s responses (if any) is not practicable, the police officer must\nensure that a written record of the giving of the information and the\nperson’s responses (if any) is made, and that a copy of the record is\nmade available to the person.\ntapes) available to the person.\n\nGeneral provisions Division 2.6.1\n","sortOrder":57},{"sectionNumber":"49B","sectionType":"section","heading":"Rules for carrying out forensic procedures—transgender","content":"49B Rules for carrying out forensic procedures—transgender\nand intersex people\n(a) a forensic procedure is to be carried out on a transgender or\nintersex person; and\n(b) the provision under which it is carried out refers to a person of\nthe opposite sex, or the same sex.\n(2) The transgender or intersex person may elect to be identified as a male\nor female.\n(3) If the transgender or intersex person is a child, incapable person or\nAboriginal or Torres Strait Islander person, the transgender or\nintersex person’s interview friend or lawyer may elect that the person\nbe identified as a male or female.\n(4) If the election is to be identified as a male, the transgender or intersex\nperson is taken, for this Act, to be male.\n(5) If the election is to be identified as a female, the transgender or\nintersex person is taken, for this Act, to be female.\n(6) If the transgender or intersex person does not make an election under\nsubsection (2), but requires that the forensic procedure be carried out\nby a male, the person is taken, for this Act, to be male.\n(7) If the transgender or intersex person’s interview friend or lawyer does\nnot make an election under subsection (3), but requires that the\nforensic procedure be carried out by a male, the transgender or\nintersex person is taken, for this Act, to be male.\n(8) If the transgender or intersex person does not make an election under\nsubsection (2), but requires that the forensic procedure be carried out\nby a female, the person is taken, for this Act, to be female.\n\n(9) If the transgender or intersex person’s interview friend or lawyer does\nnot make an election under subsection (3), but requires that the\nforensic procedure be carried out by a female, the transgender or\nintersex person is taken, for this Act, to be female.\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Use of force in carrying out forensic procedures","content":"50 Use of force in carrying out forensic procedures\n(1) A person authorised to carry out a forensic procedure on a person, or\na police officer, may use reasonable force—\n(a) to enable a forensic procedure to be carried out; or\n(b) to prevent loss, destruction or contamination of any sample.\n(2) A forensic procedure must be carried out in a way consistent with\nappropriate medical or other relevant professional standards.\n","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Forensic procedures not to be carried out in cruel,","content":"51 Forensic procedures not to be carried out in cruel,\ninhuman or degrading way\n(1) This Act does not authorise the carrying out of a forensic procedure\nin a cruel, inhuman or degrading way.\n(2) For this section, the carrying out of a forensic procedure in\naccordance with this Act is not in itself regarded as degrading to the\nrelevant person.\n","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Taking samples of hair","content":"52 Taking samples of hair\nA person is authorised to take a sample of hair of a relevant person\nby removing the root of the hair only if—\n(a) the person takes only so much hair as the person believes is\nnecessary for analysis of the sample, or other examination of the\nhair, to be carried out for the purpose of investigating the\nrelevant offence; and\n(b) the sample is taken using the least painful technique known and\navailable to the person.\n\n","sortOrder":61},{"sectionNumber":"Div 2","sectionType":"division","heading":"6.2 People involved in forensic","content":"Division 2.6.2 People involved in forensic\n","sortOrder":62},{"sectionNumber":"53","sectionType":"section","heading":"People who may carry out forensic procedures","content":"53 People who may carry out forensic procedures\n(1) Table 53 shows, for each forensic procedure, the people who may\ncarry out the procedure under this Act.\n(2) A person not mentioned in table 53, column 3 is not authorised to\ncarry out a forensic procedure under this Act except as mentioned in\nsection 55 (Person may get help to carry out forensic procedure).\n(3) Table 53, column 4 shows, for each forensic procedure, whether a\ndoctor or dentist of the relevant person’s choice may be present while\nthe forensic procedure is carried out.\nNote Section 56 makes detailed provisions for the presence of a doctor or\ndentist of the relevant person’s choice while a forensic procedure is\n(4) This section does not prevent a relevant person from carrying out a\nforensic procedure mentioned in table 53, item 3, column 2 on himself\nor herself under the supervision of an appropriately qualified person.\nTable 53 People involved in forensic procedures\nitem\n1 external examination of—\n\nitem\n2 taking sample of blood • doctor\n3 taking sample of saliva or\nsample by buccal swab\n• dental\ntechnician\nyes, doctor or\ndentist\n4 taking sample of pubic hair • doctor\n5 taking sample by swab or\nwashing from—\n• external genital or anal\narea\n\nitem\n6 taking sample by vacuum\nsuction, scraping or lifting by\ntape from—\n• external genital or anal\narea\n7 taking dental impression • doctor\n• dental\ntechnician\nyes, dentist\n8 taking photograph or video\nrecording of, or impression or\ncast of, wound from—\n\nitem\n9 external examination of part\nof body (other than—\nthat requires touching of body\nor removal of clothing\nno\n10 taking sample of hair (other\nthan pubic hair)\nno\n11 taking sample from nail or\nfrom under nail\nno\n\nitem\n12 taking sample by swab or\nwashing from any external\npart of body (other than—\nno\n13 taking sample by vacuum\nsuction, scraping or lifting by\ntape from any external part of\nbody (other than—\nno\n14 taking handprint, fingerprint,\nfootprint or toeprint\nno\n\nitem\n15 taking photograph or video\nrecording of, or impression or\ncast of wound from, external\npart of body (other than—\nno\nNote Appropriately qualified person is defined in s 13.\n","sortOrder":63},{"sectionNumber":"54","sectionType":"section","heading":"Sex of person carrying out or helping carry out forensic","content":"54 Sex of person carrying out or helping carry out forensic\n(1) If a forensic procedure is to be carried out on a relevant person, the\nperson carrying it out, and anyone asked under section 55 to help\ncarry it out, must, if practicable, be of the same sex as the relevant\n(2) Subsection (1) does not apply—\n(a) to the taking of a handprint, fingerprint, footprint or toeprint; or\n(b) to any other non-intimate forensic procedure that may be carried\nout without—\n(i) touching the relevant person; or\n(ii) requiring the relevant person to remove any clothing (other\nthan his or her overcoat, coat, jacket, gloves, socks, shoes\nand hat); or\n\n(c) if the relevant person consents to a person other than a person of\nthe same sex as the relevant person carrying out, or helping to\ncarry out, the forensic procedure.\n(3) If the person on whom a forensic procedure is to be carried out is a\nvolunteer—\n(a) the volunteer may ask that a person other than a person of the\nsame sex as the volunteer carry out, or help carry out, the\n(b) if practicable, any such request must be complied with, despite\nsubsection (1).\n(4) However, if the relevant person is a child—\n(a) the person carrying out the forensic procedure must ask the\nchild, before the procedure is carried out, if the child wants a\nperson of a particular sex to carry out, or help carry out, the\n(b) if the child asks for a person of a particular sex to carry out, or\nhelp carry out, the forensic procedure, a person of that sex must,\nif practicable, carry out, or help carry out, the procedure.\n","sortOrder":64},{"sectionNumber":"55","sectionType":"section","heading":"Person may get help to carry out forensic procedure","content":"55 Person may get help to carry out forensic procedure\n(1) An order by a police officer or magistrate authorising the carrying out\nof a forensic procedure authorises the person who is to carry out the\nprocedure in accordance with section 53 (People who may carry out\nforensic procedures) to ask someone else to help him or her to carry\nout the procedure, and authorises the other person to give that help.\n(2) A person who is asked to help carry out a forensic procedure need not\nbe a person mentioned in section 53.\n(3) A person who is asked to help carry out a forensic procedure may use\nreasonable force to enable the forensic procedure to be carried out.\n\nDivision 2.6.3 Presence of other people while forensic procedure is carried out\nDivision 2.6.3 Presence of other people while\nforensic procedure is carried out\n56 Doctor or dentist of person’s choice may be present for\nmost forensic procedures\n(1) A suspect or volunteer is entitled to request a doctor of the person’s\nchoice to be present while an intimate forensic procedure (other than\nthe taking of a dental impression) is carried out or a sample of saliva\nor sample by buccal swab is taken.\n(2) A suspect or volunteer is entitled to request a dentist of the person’s\nchoice to be present while a dental impression, sample of saliva or\nsample by buccal swab is taken.\n(3) If a sample of blood is to be taken from a serious offender, the\noffender is entitled to request that—\n(a) if the serious offender is serving a sentence of imprisonment at\na correctional centre or other place—a corrections health\npractitioner for the centre, or health practitioner (however\ndescribed) for the place, be present while the sample is taken; or\n(b) if the serious offender is not serving a sentence of\nimprisonment—a doctor of the serious offender’s choice be\npresent while the sample is taken.\n(4) If a sample by buccal swab is to be taken from a serious offender, the\noffender is entitled to request that—\n(a) if the serious offender is serving a sentence of imprisonment at\na correctional centre or other place—a corrections health\npractitioner for the centre, or health practitioner (however\ndescribed) for the place, be present while the sample is taken; or\n\nPresence of other people while forensic procedure is carried out Division 2.6.3\n(b) if the serious offender is not serving a sentence of\nimprisonment—a doctor or dentist of the serious offender’s\nchoice be present while the sample is taken.\nNote Section 103 provides that the request may be made by the relevant\nperson’s lawyer or interview friend.\n(5) The doctor or dentist chosen must be present at the carrying out of the\nforensic procedure unless he or she—\n(a) cannot, or does not wish to, attend; or\n(b) cannot be contacted;\nwithin a reasonable time or, if relevant, within the time in which the\nperson responsible for the carrying out of the forensic procedure\nconsiders the forensic procedure should be carried out if it is to be\neffective in providing evidence of the offence concerned.\n","sortOrder":65},{"sectionNumber":"57","sectionType":"section","heading":"Presence of interview friend or lawyer while forensic","content":"57 Presence of interview friend or lawyer while forensic\nprocedure is carried out\n(1) If the relevant person on whom a forensic procedure is to be carried\nout is a child, incapable person or Aboriginal or Torres Strait Islander\nperson, either the relevant person’s interview friend or the relevant\nperson’s lawyer (if the lawyer is not the interview friend) must be\npresent while the forensic procedure is carried out.\n(2) Subsection (1) does not apply if an Aboriginal or Torres Strait\nIslander person (other than an Aboriginal or Torres Strait Islander\nperson who is a child or an incapable person) expressly and\nvoluntarily waives the person’s right to have an interview friend or\nlawyer present.\n(3) Both the interview friend and the lawyer may be present.\n\nDivision 2.6.3 Presence of other people while forensic procedure is carried out\n(4) An interview friend (other than a lawyer) of a relevant person who is\na child, incapable person or Aboriginal or Torres Strait Islander\nperson may be excluded from the place where the forensic procedure\nis being carried out if the interview friend unreasonably interferes\nwith or obstructs the carrying out of the procedure.\n","sortOrder":66},{"sectionNumber":"58","sectionType":"section","heading":"Presence of police officers while forensic procedure is","content":"58 Presence of police officers while forensic procedure is\n(1) The number of police officers that may be present during the carrying\nout of a forensic procedure must not exceed the number reasonably\nnecessary to ensure that the procedure is carried out effectively and\nin accordance with this Act.\n(2) A police officer who is of the opposite sex to that of the relevant\nperson may only be present during the carrying out of a forensic\nprocedure if—\n(a) it would not be reasonably practicable to carry out the forensic\nprocedure without the presence of the police officer; and\n(b) there is no police officer of the same sex as the relevant person\nwho, at the time the forensic procedure must be carried out, is\navailable to be present instead of the police officer of the\nopposite sex.\n(3) This section does not apply to the following forensic procedures:\n(a) the taking of handprints, fingerprints, footprints or toeprints;\n(b) any other non-intimate forensic procedure that may be carried\nout without—\n(i) touching the relevant person; or\n(ii) requiring the relevant person to remove any clothing (other\nthan his or her overcoat, coat, jacket, gloves, socks, shoes\nand hat).\n\nRecording of carrying out of forensic procedure Division 2.6.4\nDivision 2.6.4 Recording of carrying out of forensic\n","sortOrder":67},{"sectionNumber":"59","sectionType":"section","heading":"Recording of forensic procedure","content":"59 Recording of forensic procedure\n(1) The carrying out of a forensic procedure must be videorecorded\nunless—\n(a) the relevant person objects to video recording; or\n(b) video recording is not reasonably practicable.\n(2) However, the carrying out of the following forensic procedures need\nnot be videorecorded:\n(a) the taking of a handprint, fingerprint, footprint or toeprint;\n(b) the taking of a photograph or video recording of a part of the\nbody (other than the genital or anal area, the buttocks, or, for a\nfemale or a transgender or intersex person who identifies as a\nfemale, the breasts).\n(3) Before the forensic procedure is carried out, the relevant person\nmust—\n(a) be given an explanation of the value of making a video recording\nof the carrying out of the forensic procedure to avoid disputes\nabout how it was carried out that might otherwise arise between\nthe relevant person and the person carrying out the procedure\nafter it is carried out; and\n(b) be informed that the relevant person may object to the video\nrecording.\n(4) If the carrying out of a forensic procedure (other than a forensic\nprocedure to which subsection (2) applies) is not to be videorecorded,\nthe forensic procedure must be carried out in the presence of an\nindependent person who is not a police officer.\n\n(5) However, an independent person need not be present as mentioned in\nsubsection (4) if the relevant person expressly and voluntarily waives\nthe person’s right to have an independent person present.\n(6) Despite a waiver mentioned in subsection (5), a police officer may\ndirect that an independent person be present.\nDivision 2.6.5 Procedure after forensic procedure is\n","sortOrder":68},{"sectionNumber":"60","sectionType":"section","heading":"Samples","content":"60 Samples\n(1) This section applies to a sample taken from a relevant person under\nthis Act in relation to the investigation of a matter by a police officer\nif there is sufficient material for an analysis to be carried out by or for\nthe relevant person and the officer.\n(2) A police officer must ensure that reasonable care is taken to ensure\nthat a part of the material sufficient for analysis to be carried out by\nor for the relevant person is protected and preserved until—\n(a) if the relevant person makes a request under subsection (3)—the\nperson receives it; or\n(b) in any other case—the material is required to be destroyed under\nthis Act or by a court order.\n(3) The relevant person may request that a part of the material sufficient\nfor analysis be made available to the relevant person as soon as\npracticable.\nNote Section 103 provides that the request may be made by the lawyer or\n(4) If the relevant person makes a request under subsection (3)—\n(a) a police officer must ensure that a part of the material sufficient\nfor analysis is made available to the relevant person as soon as\npracticable; and\n\nProcedure after forensic procedure is carried out Division 2.6.5\n(b) reasonable assistance is given to the relevant person to ensure\nthat the material is protected and preserved until it is analysed.\n","sortOrder":69},{"sectionNumber":"61","sectionType":"section","heading":"Photographs or video recordings","content":"61 Photographs or video recordings\n(1) This section applies if a forensic procedure involves the taking of a\nphotograph or video recording of a part of a relevant person’s body.\n(2) The relevant person may request that a copy of the photograph or\nvideo recording be made available to the relevant person.\nNote 1 Section 103 provides that the request may be made by the lawyer or\nNote 2 Section 105 provides that the copy must be made available as soon as\npracticable after the request is made.\n(3) If the relevant person makes a request under subsection (2), a police\nofficer must ensure that a copy of the photograph or video recording\nis made available to the relevant person.\n","sortOrder":70},{"sectionNumber":"62","sectionType":"section","heading":"Results of analysis","content":"62 Results of analysis\n(1) This section applies if material from a sample taken from a relevant\nperson is analysed in the investigation of a matter by a police officer.\n(2) The relevant person may request that a copy of the results of the\nanalysis be made available to the relevant person.\nNote 1 Section 103 provides that the request may be made by the lawyer or\nNote 2 Section 105 provides that the copy must be made available as soon as\npracticable after the request is made.\n\n(3) If the relevant person makes a request under subsection (2), a police\nofficer must ensure that a copy of the results of the analysis is made\navailable to the relevant person.\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Preventing the carrying out of forensic procedure","content":"63 Preventing the carrying out of forensic procedure\nA person must not intentionally obstruct, hinder or resist a police\nofficer or any other person authorised under this Act to exercise\nfunctions relating to the carrying out of a forensic procedure.\n\nPart 2.7 Carrying out of certain forensic\nprocedures after conviction of\nserious offenders\n","sortOrder":72},{"sectionNumber":"64","sectionType":"section","heading":"Forensic procedures to which pt 2.7 applies","content":"64 Forensic procedures to which pt 2.7 applies\n(1) This part applies to an intimate forensic procedure that consists of the\ntaking of a sample of blood.\n(2) This part applies to the following non-intimate forensic procedures:\n(a) the taking of samples of hair other than pubic hair;\n(b) the taking of a buccal swab;\n(c) the taking of fingerprints.\n","sortOrder":73},{"sectionNumber":"65","sectionType":"section","heading":"Non–intimate forensic procedures authorised to be","content":"65 Non–intimate forensic procedures authorised to be\n(1) A person is authorised to carry out a non-intimate forensic procedure\nto which this part applies on a serious offender (other than a child or\nincapable person)—\n(a) with the informed consent of the serious offender; or\n(b) by order of a police officer under section 73 (Circumstances in\nwhich police officer may order non-intimate forensic\nprocedure).\n(2) A person is authorised to carry out a non-intimate forensic procedure\nto which this part applies on a serious offender who is a child or\nincapable person by order of a court under section 77 (Court order for\ncarrying out forensic procedure on serious offender).\n\n","sortOrder":74},{"sectionNumber":"66","sectionType":"section","heading":"Intimate forensic procedures authorised to be carried out","content":"66 Intimate forensic procedures authorised to be carried out\nA person is authorised to carry out an intimate forensic procedure to\nwhich this part applies on a serious offender (other than a child or\nincapable person)—\n(a) with the informed consent of the serious offender; or\n(b) by order of a court under section 77 (Court order for carrying\nout forensic procedure on serious offender).\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Forensic procedures to be in accordance with pt 2.6","content":"67 Forensic procedures to be in accordance with pt 2.6\nA person is authorised under section 65 or section 66 to carry out a\nforensic procedure under this part only in accordance with part 2.6.\n","sortOrder":76},{"sectionNumber":"68","sectionType":"section","heading":"Scope of authorisation","content":"68 Scope of authorisation\nA person is authorised to carry out a forensic procedure under this\npart on a serious offender even if the serious offender is also a suspect\nor volunteer.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Informed consent of serious offender to forensic","content":"69 Informed consent of serious offender to forensic\n(1) A serious offender gives informed consent to a forensic procedure if\nthe serious offender consents after a police officer—\n(a) requests the serious offender to consent to the forensic\nprocedure under section 70; and\n(b) informs the serious offender about the forensic procedure in\naccordance with section 72 (Matters that serious offender must\nbe informed of before giving consent); and\n(c) gives the serious offender the opportunity to communicate, or\nattempt to communicate, with a lawyer of the serious offender’s\nchoice.\n\n(2) The police officer must allow the serious offender to communicate,\nor attempt to communicate, with the lawyer in private unless the\npolice officer suspects on reasonable grounds that the serious\noffender might attempt to destroy or contaminate any evidence that\nmight be obtained by carrying out the forensic procedure.\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"Police officer may request serious offender to consent to","content":"70 Police officer may request serious offender to consent to\nA police officer may request a serious offender (other than a child or\nincapable person) to consent to a forensic procedure to which this part\napplies being carried out on the serious offender.\n","sortOrder":79},{"sectionNumber":"71","sectionType":"section","heading":"Matters to be considered by police officer before","content":"71 Matters to be considered by police officer before\nrequesting consent to forensic procedure\nBefore a request is made under section 70, the police officer must be\nsatisfied on the balance of probabilities that—\n(a) for a person on whom the procedure is proposed to be carried\nout who is not serving a sentence of imprisonment at a\ncorrectional centre or other place of detention—the person is a\nserious offender; and\nNote Correctional centre includes a NSW correction centre, see the\ndictionary.\n(b) the request for consent to carry out the forensic procedure is\n\n","sortOrder":80},{"sectionNumber":"72","sectionType":"section","heading":"Matters that serious offender must be informed of before","content":"72 Matters that serious offender must be informed of before\ngiving consent\n(1) The police officer must inform the serious offender of the following:\n(a) the purpose for which the forensic procedure is required;\n(b) if the police officer wants the forensic procedure carried out in\nrelation to a serious offence—the serious offence;\n(c) how the forensic procedure is to be carried out;\n(d) that the forensic procedure may produce evidence against the\nserious offender that might be used in a court of law;\n(e) that the forensic procedure will be carried out by a person who\nmay carry out the procedure under part 2.6 (Carrying out\nforensic procedures);\nNote See s 53 (People who may carry out forensic procedures).\n(f) if the forensic procedure is the taking of a sample of blood—that\nthe serious offender may request that—\n(i) if the serious offender is serving a sentence of\nimprisonment at a correctional centre or other place—a\ncorrections health practitioner for the centre, or health\npractitioner (however described) for the place, be present\nwhile the blood is taken; or\n(ii) if the serious offender is not serving a sentence of\nimprisonment—a doctor of the serious offender’s choice\nbe present while the blood is taken;\n\n(g) if the forensic procedure is the taking of a sample by buccal\nswab—that the serious offender may request that—\n(i) if the serious offender is serving a sentence of\nimprisonment at a correctional centre or other place—a\ncorrections health practitioner for the centre, or health\npractitioner (however described) for the place, be present\nwhile the sample is taken; or\n(ii) if the serious offender is not serving a sentence of\nimprisonment—a doctor or dentist of the serious offender’s\nchoice be present while the sample is taken;\n(h) that the serious offender may refuse consent to the carrying out\nof the forensic procedure;\n(i) the consequences of not consenting, as mentioned in subsection\n(2) or (3) (whichever applies);\n(j) the effect of section 87 (Admissibility of evidence relating to\nconsent to forensic procedures) (if applicable);\n(k) that information obtained from analysis of forensic material\nobtained may be placed on the ACT DNA database and used for\na criminal investigation or any other purpose for which the DNA\ndatabase may be used, including that the information may be\ncompared with information from the DNA databases of other\nparticipating jurisdictions.\nNote Pt 2.11 and pt 2.13 set out the purposes for which the database may\nbe used.\n(2) The police officer must inform a serious offender requested to\nundergo a non-intimate forensic procedure to which this part applies\nthat, if the serious offender does not consent, a police officer may\norder the carrying out of the forensic procedure under section 73 if\nthe police officer has taken into account the matters set out in\nsection 74 (Matters to be considered by police officer).\n\n(3) The police officer must inform a serious offender requested to\nundergo an intimate forensic procedure to which this part applies that,\nif the serious offender does not consent, an application may be made\nto a court for an order authorising the carrying out of the forensic\n","sortOrder":81},{"sectionNumber":"73","sectionType":"section","heading":"Circumstances in which police officer may order","content":"73 Circumstances in which police officer may order\nnon-intimate forensic procedure\nA police officer may order the carrying out of a non–intimate forensic\nprocedure on a serious offender if—\n(a) the serious offender has been asked under section 70 (Police\nofficer may request serious offender to consent to forensic\nprocedure) to consent to the carrying out of the forensic\n(b) the serious offender has not consented; and\n(c) the police officer has taken into account the matters set out in\nsection 74.\n","sortOrder":82},{"sectionNumber":"74","sectionType":"section","heading":"Matters to be considered by police officer","content":"74 Matters to be considered by police officer\nIn deciding whether to make an order under section 73, the police\nofficer must take into account—\n(a) whether this Act would authorise the forensic procedure to be\ncarried out in the absence of the order; and\n(b) the seriousness of the circumstances surrounding the serious\noffence committed by the serious offender; and\n(c) whether the carrying out of the forensic procedure without\nconsent is justified in all the circumstances.\n\n","sortOrder":83},{"sectionNumber":"75","sectionType":"section","heading":"Recording of giving of information and consent","content":"75 Recording of giving of information and consent\n(1) The police officer must, if practicable, ensure that the giving of the\ninformation about the proposed forensic procedure and the serious\noffender’s responses (if any) are recorded by audiotape, videotape or\nother electronic means.\n(2) If recording the giving of the information and the serious offender’s\nresponses (if any) by audiotape, videotape or other electronic means\nis not practicable, the police officer must ensure that a written record\nof the giving of the information and the serious offender’s responses\n(if any) is made, and that a copy of the record is made available to the\nserious offender.\ntapes) available to the serious offender.\n","sortOrder":84},{"sectionNumber":"76","sectionType":"section","heading":"Record of police officer’s order","content":"76 Record of police officer’s order\n(1) If a police officer orders the carrying out of a non-intimate forensic\nprocedure on a serious offender, the police officer must—\n(a) make a record of—\n(i) the order; and\n(ii) the date and time the order was made; and\n(b) sign the record.\n(2) The police officer must make and sign the record when the order is\nmade or as soon as practicable afterwards.\n(3) The police officer must ensure that a copy of the record is made\navailable to the serious offender as soon as practicable after the record\nis made.\n\n","sortOrder":85},{"sectionNumber":"77","sectionType":"section","heading":"Court order for carrying out of forensic procedure on","content":"77 Court order for carrying out of forensic procedure on\nserious offender\n(1) A police officer may apply to any court for an order directing a\nserious offender to consent to an intimate forensic procedure to which\nthis part applies being carried out on the serious offender.\n(2) A police officer may apply to any court for an order for the carrying\nout of a non-intimate forensic procedure to which this part applies on\na serious offender who is a child or incapable person.\n(3) A police officer may make an application under this section to the\ncourt that is sentencing the serious offender or to any other court at a\nlater time.\n(4) An application for an order under subsection (1) or (2) must be—\nmatters mentioned in subsection (6).\n(5) A court may order the carrying out of a forensic procedure under this\npart if satisfied that the carrying out of the forensic procedure is\n(6) In deciding whether to make an order under this section, the court\nmust take into account—\n(a) whether this Act would authorise the forensic procedure to be\ncarried out in the absence of the order; and\n(b) the seriousness of the circumstances surrounding the\ncommission of the serious offence by the serious offender; and\n(c) whether the carrying out of the forensic procedure is justified in\nall the circumstances.\n(7) An order under this section takes effect immediately.\n\n(8) However, the person who conducts an analysis of forensic material\nobtained because of carrying out the forensic procedure on a serious\noffender must not disclose the results of the analysis—\n(a) until the expiry of any appeal period or after the final\ndetermination of any appeal in relation to the serious offence\nconcerned, whichever is the later; or\n(b) if the conviction is quashed.\n","sortOrder":86},{"sectionNumber":"77A","sectionType":"section","heading":"Securing the presence of serious offender at hearing—","content":"77A Securing the presence of serious offender at hearing—\noffender in custody\n(a) a police officer makes an application under section 77 in relation\nto a serious offender; and\n(b) the serious offender is in the custody of a police officer or is\notherwise detained under territory law (the original custody).\n(2) The Magistrates Court may, on the application of a police officer,\nissue a warrant directing the person holding the serious offender in\nthe original custody to deliver the serious offender into the custody of\nthe police officer (the temporary custody) for the hearing of an\napplication for an order under this part.\n(3) The police officer given temporary custody must return the serious\noffender to the place of the original custody—\n(a) if the application for the order is refused—without delay; or\n(b) if the order is made—without delay after the period after the\norder is made that is reasonably necessary to carry out the\n\n","sortOrder":87},{"sectionNumber":"77B","sectionType":"section","heading":"Securing the presence of serious offender at hearing—","content":"77B Securing the presence of serious offender at hearing—\noffender not in custody\n(a) a police officer makes an application under section 77 in relation\nto a serious offender; and\n(b) the serious offender is not in custody.\n(2) The Magistrates Court may, on the application of a police officer—\n(a) issue a summons for the appearance of the serious offender at\nthe hearing of the application; or\n(b) issue a warrant for the arrest of the serious offender to bring the\nserious offender before the court for the hearing of the\napplication.\n(3) An application for a summons or warrant under subsection (1) must\nbe—\nmatters mentioned in—\n(i) for a summons—subsection (4) (a) and (b); and\n(ii) for a warrant—subsection (5) (a), (b) and (c).\n(4) The Magistrates Court may issue a summons only if satisfied that—\n(a) the issue of the summons is necessary to ensure the appearance\nof the serious offender at the hearing of the application; or\n(b) the issue of the summons is otherwise justified.\n(5) The Magistrates Court may issue a warrant only if satisfied that—\n(a) the arrest is necessary to ensure the appearance of the serious\noffender at the hearing of the application; or\n\n(b) the serious offender might destroy evidence that might be\nobtained by carrying out the forensic procedure; or\n(c) the issue of the warrant is otherwise justified.\n","sortOrder":88},{"sectionNumber":"77C","sectionType":"section","heading":"Procedure at hearing of application for order","content":"77C Procedure at hearing of application for order\n(1) This section applies if a police officer (the applicant) makes an\napplication under section 77 in relation to a serious offender.\n(2) The serious offender must be present at the hearing of the application\nunless—\n(a) the serious offender is remanded or otherwise detained in lawful\ncustody in a State and it is not practicable for the serious\noffender to be present by audiovisual link or audio link; or\nNote 1 State includes the Northern Territory (see Legislation Act, dict,\npt 1).\nNote 2 The Evidence (Miscellaneous Provisions) Act 1991, ch 3 applies in\naudiovisual link or audio link from a State. See also the Magistrates\nCourt Act 1930, s 311 (Appearance by audiovisual or audio links\netc).\n(b) the application (and any summons issued under section 77B (2)\n(a)) has been served on the serious offender and the serious\noffender is not present.\n(3) If the serious offender is a child, incapable person or Aboriginal or\nTorres Strait Islander person, the serious offender must be\nrepresented by an interview friend and may also be represented by a\nlawyer.\n(4) Any other serious offender may be represented by a lawyer.\n(5) The serious offender or his or her representative may—\n(a) cross-examine the applicant for the order; and\n\n(b) with the leave of the court, call or cross-examine any other\nwitnesses; and\n(c) address the court.\n(6) The court may give leave under subsection (5) (b) only if the\nmagistrate is of the opinion that there are substantial reasons why, in\nthe interests of justice, the witness should be called or\ncross-examined.\naudio link means a system of 2-way communication linking different\nplaces so that a person speaking at any of them can be heard at the\nother places.\naudiovisual link means a system of 2-way communication linking\ndifferent places so that a person at any of them can be seen and heard\nat the other places.\n","sortOrder":89},{"sectionNumber":"78","sectionType":"section","heading":"Carrying out of forensic procedure following conviction","content":"78 Carrying out of forensic procedure following conviction\n(1) If a court orders a serious offender who is in custody at a correctional\ncentre or another place of detention to permit a forensic procedure to\nbe carried out under this part, the court may order that a police officer,\ntogether with a person who, under part 2.6 (Carrying out forensic\nprocedures), may carry out the forensic procedure, be permitted to\nattend on the serious offender in the correctional centre or place of\ndetention to allow the forensic procedure to be carried out.\nNote Correctional centre includes a NSW correction centre, see the dictionary.\n(2) If a court orders a serious offender who is not in custody at a\ncorrectional centre or another place of detention to permit a forensic\nprocedure to be carried out, the court may order the serious offender\nto attend at a police station (or other place ordered by the court) within\na period ordered by the court to allow the forensic procedure to be\n\n(3) A serious offender ordered to permit the carrying out of a forensic\nprocedure must not intentionally fail to permit the forensic procedure\nto be carried out.\n\nPart 2.8 Carrying out of forensic\nprocedures on volunteers and\ncertain other people\n","sortOrder":90},{"sectionNumber":"79","sectionType":"section","heading":"Carrying out of forensic procedures on volunteers","content":"79 Carrying out of forensic procedures on volunteers\n(1) A person is authorised to carry out a forensic procedure on a\nvolunteer—\n(a) if the volunteer is not a child or incapable person—with the\ninformed consent of the volunteer given in accordance with\nsection 80; or\n(b) if the volunteer is a child or incapable person and the parent or\nguardian of the volunteer can be contacted—\n(i) with the informed consent of the parent or guardian of the\nvolunteer given in accordance with section 80 or by order\nof a magistrate under section 83 (Circumstances in which\nmagistrate may order carrying out of forensic procedure on\nchild or incapable person); and\n(ii) after the person has informed the volunteer that, even\nthough consent has been given or an order made, if the\nvolunteer objects to or resists the carrying out of the\nforensic procedure it will not be carried out; or\n(c) if the volunteer is an incapable person and the parent or guardian\nof the volunteer cannot be contacted—\n(i) with the informed consent of a close associate of the\nvolunteer given in accordance with section 80 or by order\nof a magistrate under section 83; and\n\n(ii) after the person has informed the volunteer that, even\nthough consent has been given or an order made, if the\nvolunteer objects to or resists the carrying out of the\nforensic procedure it will not be carried out; and\n(iii) if the forensic procedure is a non-intimate forensic\nprocedure only.\n(2) This section does not authorise a person to carry out a forensic\nprocedure on a child or incapable person who objects to or resists the\ncarrying out of the forensic procedure.\n(3) A person is authorised under this section to carry out a forensic\nprocedure under this part only in accordance with part 2.6.\n","sortOrder":91},{"sectionNumber":"80","sectionType":"section","heading":"Informed consent of volunteer or parent, guardian or","content":"80 Informed consent of volunteer or parent, guardian or\nclose associate of volunteer\n(1) A volunteer, or a parent, guardian or close associate of a volunteer,\ngives informed consent in accordance with this section if the\nvolunteer, parent, guardian or close associate consents in the presence\nof an independent person who is not a police officer after a police\nofficer informs the volunteer, parent, guardian or close associate\n(orally or in writing) about the following:\n(a) how the forensic procedure is to be carried out;\n(b) that the volunteer, parent, guardian or close associate may\nrequest that a doctor of the person’s choice be present while an\nintimate forensic procedure (other than the taking of a dental\nimpression) is carried out or a sample of saliva or sample by\nbuccal swab is taken;\n(c) if the forensic procedure is the taking of a dental impression,\nsample of saliva or sample by buccal swab—that the volunteer,\nparent, guardian or close associate may request that a dentist of\nthe person’s choice be present while the procedure is carried out;\n\n(d) that the volunteer is under no obligation to undergo the forensic\nprocedure;\n(e) that the forensic procedure may produce evidence that might be\nused in a court of law;\n(f) that the volunteer, parent, guardian or close associate may\nconsult a lawyer of his or her choice before deciding whether or\nnot to consent to the forensic procedure;\n(g) that if the volunteer, parent, guardian or close associate consents\nto the forensic procedure—\n(A) the consent is also consent to the retention of forensic\nmaterial taken and information obtained from analysis of\nthe material; and\n(B) the chief police officer and the volunteer, parent, guardian\nor close associate may set a period for which the material\nor information may be retained, but it must then be\ndestroyed unless a magistrate orders retention under\nsection 84;\nNote See s 80A (Consent to retention of forensic material taken etc).\n(h) that the volunteer, parent, guardian or close associate may at any\ntime withdraw consent to the volunteer’s undergoing the\nforensic procedure or to retention of the forensic material taken\nor of information obtained from the analysis of the material;\n(i) to the extent that they are relevant, the matters mentioned in\nsubsection (3).\n(2) However, an independent person must not be present as mentioned in\nsubsection (1) if the volunteer, parent, guardian or close associate\nrequests that an independent person not be present.\n\n(3) The police officer must inform the volunteer, or parent, guardian or\nclose associate of the volunteer, about the following:\n(a) that information obtained from analysis of forensic material\ntaken from a person under this part, and about the identity of the\nperson, may be placed on the ACT DNA database, and that the\ninformation may be compared with information from the DNA\ndatabases of other participating jurisdictions;\n(b) if the police officer intends the information to be placed on the\nvolunteers (limited purposes) index—the purpose for which it is\nto be placed on the index, and that the information may be used\nonly for that purpose;\n(c) if the police officer intends the information to be placed on the\nvolunteers (unlimited purposes) index—that the information\nmay be used for a criminal investigation or any other purpose\nfor which the ACT DNA database may be used;\nNote Pt 2.11 and pt 2.13 set out the purposes for which the database may\nbe used.\n(d) anything else prescribed by regulation.\n","sortOrder":92},{"sectionNumber":"80A","sectionType":"section","heading":"Consent to retention of forensic material taken etc","content":"80A Consent to retention of forensic material taken etc\n(a) a volunteer, or parent, guardian or close associate of a volunteer,\nconsents in accordance with section 80 for a forensic procedure\nto be carried out on the volunteer; and\n(b) forensic material is taken from the volunteer.\n\n(2) The volunteer, parent, guardian or close associate is taken to consent\nto the retention of the forensic material and information obtained\nfrom analysis of the material.\nNote Section 82 (2) provides that, if the volunteer, parent, guardian or close\nassociate expressly withdraws consent to the retention, the forensic\nmaterial or information must be destroyed as soon as practicable after the\nconsent is withdrawn unless a magistrate orders retention under s 84.\n(3) The chief police officer and the volunteer, parent, guardian or close\nassociate may set the period for which the forensic material or\ninformation obtained from analysis of the material may be retained\n(the agreed retention period).\nNote Section 82 (4) provides that, if the agreed retention period ends, the\nforensic material or information must be destroyed as soon as practicable\nunless a magistrate orders retention under s 84.\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Recording of giving of information etc","content":"81 Recording of giving of information etc\n(1) This section applies if a police officer gives information to a\nvolunteer, or parent, guardian or close associate of a volunteer, in\naccordance with section 80 in relation to a forensic procedure to be\ncarried out on the volunteer.\n(2) The police officer must, if practicable, ensure that the following are\nrecorded by audiotape, videotape or other electronic means\n(electronic recording):\n(a) the giving of the information about the proposed forensic\nprocedure;\n(b) the volunteer’s, parent’s or guardian’s responses (if any);\n(c) if the volunteer, parent, guardian or close associate makes a\nrequest mentioned in section 80 (2)—the making of the request.\n\n(3) However, a written record of the things mentioned in\nsubsection (2) (a) to (c) must be made, and a copy made available to\nthe volunteer, parent, guardian or close associate if—\n(a) the volunteer, parent, guardian or close associate requests that a\nwritten record is made instead of an electronic recording; or\n(b) electronic recording is not practicable.\n(4) Before the forensic procedure is carried out, the volunteer, parent,\nguardian or close associate must be informed that the volunteer,\nparent, guardian or close associate may request that a written record\nis made instead of an electronic recording.\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Withdrawal of consent or end of agreed retention period","content":"82 Withdrawal of consent or end of agreed retention period\n(1) If a volunteer, or a parent, guardian or close associate of the volunteer,\nexpressly withdraws consent to the carrying out of a forensic\nprocedure under this part (or if the withdrawal of such consent can\nreasonably be inferred from his or her conduct) before or during the\ncarrying out of the forensic procedure—\n(a) the forensic procedure must be treated from the time of the\nwithdrawal as a forensic procedure for which consent has been\nrefused; and\n(b) if the volunteer is a child or incapable person—the forensic\nprocedure is not to proceed except by an order of a magistrate\nunder section 83.\n(2) If, after the carrying out of a forensic procedure under this part on a\nvolunteer, the volunteer, or a parent, guardian or close associate of\nthe volunteer, expressly withdraws consent to retention of the\nforensic material taken or information obtained from analysis of the\nmaterial, the material or information must be destroyed as soon as\npracticable after the consent is withdrawn.\n\n(3) A police officer may request, but cannot require, a parent, guardian\nor close associate who withdraws consent to the carrying out of a\nforensic procedure under this part to confirm the withdrawal of\nconsent in writing.\n(4) Forensic material taken from the volunteer or information obtained\nfrom analysis of the material must be destroyed as soon as practicable\nafter the end of the agreed retention period.\n(5) However, material or information is not required to be destroyed\nunder subsection (2) or (4) if an application for retention of the\nmaterial or information has been made under section 84 (Retention of\nforensic material etc by order of magistrate) and the application has\nnot been finally decided or a magistrate has ordered retention.\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Circumstances in which magistrate may order carrying","content":"83 Circumstances in which magistrate may order carrying\nout of forensic procedure on child or incapable person\n(1) A magistrate may order the carrying out of a forensic procedure on a\nchild or incapable person if—\n(a) consent to the carrying out of the forensic procedure cannot\nreasonably be obtained from—\n(i) if the person is a child—the parent or guardian of the child;\nor\n(ii) if the person is an incapable person—the parent, guardian\nor close associate of the incapable person; or\n(b) the parent or guardian of the child or the parent, guardian or\nclose associate of the incapable person refuses consent to the\ncarrying out of the forensic procedure and the magistrate is\nsatisfied that there are reasonable grounds to believe—\n(i) the parent, guardian or incapable person is a suspect; and\n(ii) the forensic procedure is likely to produce evidence\ntending to confirm or disprove that the parent, guardian or\nclose associate committed an offence.\n\n(2) In deciding whether to make an order under this section, the\nmagistrate must take into account—\n(a) whether this Act would authorise the carrying out of the forensic\nprocedure apart from this section; and\n(b) if the forensic procedure is being carried out for the purposes of\nthe investigation of a particular offence—the seriousness of the\ncircumstances surrounding the commission of the offence; and\n(c) the best interests of the child or incapable person; and\n(d) so far as they can be found out, any wishes of the child or\nincapable person about whether the forensic procedure should\nbe carried out; and\nNote A forensic procedure cannot be carried out on a child or incapable person\nwho objects to or resists the carrying out of the procedure even if the\nmagistrate makes an order (see s 79).\n(e) except in the circumstances mentioned in subsection (1) (b), any\nwishes expressed by the parent or guardian of the child or parent,\nguardian or close associate of the incapable person about\nwhether the forensic procedure should be carried out; and\n(f) whether the carrying out of the forensic procedure is justified in\nall the circumstances.\n(3) An order under this section—\n(a) may require the forensic procedure to be carried out at a date,\ntime or place, or in a way, stated in the order; and\n(b) must state the period for which forensic material obtained from\ncarrying out the procedure or information obtained from\nanalysis of the material may be retained.\n\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Retention of forensic material etc by order of magistrate","content":"84 Retention of forensic material etc by order of magistrate\n(a) a volunteer, or parent, guardian or close associate of a volunteer,\ngave consent in accordance with section 80 for a forensic\nprocedure to be carried out on the volunteer; and\n(b) forensic material was taken from the volunteer; and\n(c) either—\n(i) the volunteer, parent, guardian or close associate\nwithdraws consent to the retention of the forensic material\nor information obtained from analysis of the material; or\n(ii) the agreed retention period for the forensic material or\ninformation ends.\n(2) An authorised applicant may apply to a magistrate for an order under\nsubsection (3).\nNote Section 82 (5) provides that the forensic material or information is not\nrequired to be destroyed under s 82 (2) or (4) if an application for\nretention of the material or information has been made under this section\nand the application has not been finally decided or a magistrate has\nordered retention.\n(3) A magistrate may order that the forensic material or information be\nretained if satisfied that—\n(a) during an investigation into the commission of a serious offence\nmaterial reasonably believed to be from the body of a person\nwho committed the serious offence had been found—\n(i) at the scene of the serious offence; or\n(ii) on the victim of the serious offence or anything reasonably\nbelieved to have been worn or carried by the victim when\nthe serious offence was committed; or\n\n(iii) on the volunteer or anything reasonably believed to have\nbeen worn or carried by the volunteer at the scene of the\nserious offence or when the serious offence was\ncommitted; or\n(iv) on a thing or person reasonably believed to have been\nassociated with the commission of the serious offence; and\n(b) there are reasonable grounds to believe that information\nobtained from analysis of the forensic material taken from the\nvolunteer is likely to produce evidence of probative value in\nrelation to the serious offence; and\n(c) the retention of the forensic material taken from the volunteer is\n(4) The order must state the period for which the forensic material or\ninformation may be retained.\n","sortOrder":97},{"sectionNumber":"84A","sectionType":"section","heading":"Certain volunteers—information about matching of DNA","content":"84A Certain volunteers—information about matching of DNA\nprofile\n(1) This section applies if a volunteer volunteers to undergo a forensic\nprocedure for the purpose of—\n(a) placing the volunteer’s DNA profile on the ACT DNA database;\nand\n(b) comparing the volunteer’s DNA profile with a DNA profile on\nthe missing person’s index or unknown deceased person’s index\nof a DNA database.\n(2) If the volunteer’s DNA profile matches a DNA profile on the missing\nperson’s index or unknown deceased person’s index, a police officer\nmust inform the volunteer about the match as soon as practicable after\nthe day the match is made.\n\n","sortOrder":98},{"sectionNumber":"84B","sectionType":"section","heading":"Who may analyse forensic material?","content":"84B Who may analyse forensic material?\n(1) The Minister may enter into an agreement with 1 or more of the\nfollowing to analyse forensic material for the Territory:\n(a) a forensic laboratory accredited with the National Association\nof Testing Authorities Australia;\n(b) another forensic laboratory that the Minister considers on\nreasonable grounds is competent to analyse forensic material.\n(2) An agreement with a forensic laboratory may allow the outsourcing\nof the analysis of forensic material to another forensic laboratory.\n\nForensic evidence Division 2.9.1\n","sortOrder":99},{"sectionNumber":"85","sectionType":"section","heading":"Inadmissibility of evidence from improper forensic","content":"85 Inadmissibility of evidence from improper forensic\nprocedures etc\n(a) a forensic procedure has been carried out on a person; and\n(b) there has been a breach of, or failure to comply with—\n(i) any provision of this Act in relation to a forensic procedure\ncarried out on the person (including, but not limited to, any\nbreach of, or failure to comply with, a provision requiring\nthings to be done at any time before or after the forensic\nprocedure is carried out); or\n(ii) any provision of part 2.11 (ACT DNA database) in relation\nto recording or use of information on the DNA database\nsystem.\n(2) This section does not apply if—\n(a) this Act or a court order requires forensic material to be\ndestroyed; and\n(b) the forensic material has not been destroyed.\nNote Section 86 applies if this Act or a court order requires forensic material\nto be destroyed.\n(3) This section applies to the following evidence:\n(a) evidence of forensic material, or evidence consisting of forensic\nmaterial, taken from the person by the forensic procedure;\n(b) evidence of any results of the analysis of the forensic material;\n(c) any evidence obtained because of or in connection with the\ncarrying out of the forensic procedure.\n\n(4) If this section applies, evidence mentioned in subsection (3) is\nadmissible in any proceeding against the person in a court only if—\n(a) the person does not object to the admission of the evidence; or\n(b) the court is satisfied on the balance of probabilities that the\nevidence should be admitted in the proceeding despite the\nbreach of, or failure to comply with, the provisions of this Act.\n(5) The matters that the court may take into consideration in deciding\nwhether evidence should be admitted are the following:\n(a) the probative value of the evidence, including whether\nequivalent evidence or evidence of equivalent probative value\ncould have been obtained by other means;\n(b) the reasons given for the breach of, or failure to comply with,\nthe provisions of this Act;\n(c) the gravity of the breach of, or failure to comply with, the\nprovisions of this Act;\n(d) whether the breach or failure to comply was intentional or\nreckless;\n(e) the nature of the provision of this Act that was breached or not\ncomplied with;\n(f) the nature of the offence concerned and the subject matter of the\nproceeding;\n(g) any other matters the court considers relevant.\n(6) The probative value of the evidence does not by itself justify the\nadmission of the evidence.\n\nOther evidence Division 2.9.2\n","sortOrder":100},{"sectionNumber":"86","sectionType":"section","heading":"Inadmissibility of evidence if forensic material required to","content":"86 Inadmissibility of evidence if forensic material required to\nbe destroyed\n(1) If this Act or a court order requires forensic material taken from a\nperson by a forensic procedure to be destroyed, subsection (2) applies\nto—\n(a) evidence of the forensic material; and\n(b) if the material has not been destroyed—evidence consisting of\nthe forensic material; and\n(c) any results of the analysis of the forensic material; and\n(d) any other evidence made or obtained because of or in connection\nwith the carrying out of the forensic procedure.\n(2) Evidence of the results of the analysis, and the other evidence, is not\nadmissible in any proceedings against the person.\n","sortOrder":101},{"sectionNumber":"87","sectionType":"section","heading":"Admissibility of evidence relating to consent to forensic","content":"87 Admissibility of evidence relating to consent to forensic\nEvidence of a person’s refusal or failure to consent, or withdrawal of\nconsent, to a forensic procedure is admissible in a proceeding against\nthe person in a court only to establish or rebut an allegation that a\npolice officer investigating the commission of the offence concerned\nacted contrary to law in carrying out the investigation.\n","sortOrder":102},{"sectionNumber":"88","sectionType":"section","heading":"Admissibility of evidence relating to carrying out of","content":"88 Admissibility of evidence relating to carrying out of\nforensic procedures\nDespite section 85 (4) (Inadmissibility of evidence from improper\nforensic procedures etc), evidence of how a forensic procedure was\ncarried out is admissible in a proceeding against a person in a court—\n(a) to establish or rebut an allegation that unreasonable force was\nused to enable the procedure to be carried out; or\n\n(b) to decide the admissibility of a confession or admission or other\nevidence adverse to the person if the person alleges that the\nevidence was induced or obtained by the use of unreasonable\nforce; or\n(c) to establish or rebut an allegation that the forensic procedure was\nnot carried out in accordance with part 2.6 (Carrying out\nforensic procedures).\n","sortOrder":103},{"sectionNumber":"89","sectionType":"section","heading":"Obstructing etc the carrying out of forensic procedure","content":"89 Obstructing etc the carrying out of forensic procedure\n(1) This section applies if a police officer or magistrate has ordered the\ncarrying out of a forensic procedure on a suspect under this Act.\n(2) Evidence that the suspect—\n(a) refused to comply with any reasonable direction in connection\nwith the carrying out of the forensic procedure; or\n(b) obstructed, resisted, hindered, used violence against, threatened\nor intimidated a person in connection with the carrying out of\nthe forensic procedure;\nis admissible in a proceeding against the suspect in a court in relation\nto the offence in relation to which the forensic procedure was carried\nout.\n(3) Evidence mentioned in subsection (2) is admissible only if it is\nestablished that the suspect had been informed by a police officer, or\notherwise knew, that the fact of refusing to comply with the direction,\nor obstructing, resisting, hindering, using violence against,\nthreatening or intimidating the person, in connection with the\ncarrying out of the forensic procedure might be used in evidence\nagainst the suspect.\n\nOther evidence Division 2.9.2\n(4) The court or jury may draw the inferences from the evidence\nmentioned in subsection (2) that appear to the court or jury to be\nproper in the circumstances, having regard to any evidence given by\nor on behalf of the suspect.\n\n","sortOrder":104},{"sectionNumber":"90","sectionType":"section","heading":"Destruction of certain forensic material obtained by court","content":"90 Destruction of certain forensic material obtained by court\norder\n(1) If an interim order for the carrying out of a forensic procedure made\nunder section 41 (Interim order for immediate carrying out of forensic\nprocedure) is disallowed after the forensic procedure is carried out,\nan investigating police officer must ensure that—\n(a) any forensic material obtained because of the carrying out of the\nprocedure is destroyed as soon as practicable after the\ndisallowance; and\n(b) a copy of the results of any analysis of the forensic material is\nmade available to the suspect.\nNote Pt 2.14 contains provisions about making copies of material available to\nthe suspect.\n(2) If an order for the carrying out of a forensic procedure made under\nsection 83 (Circumstances in which magistrate may order carrying\nout of forensic procedure on child or incapable person) or for the\nretention of forensic material under section 84 (Retention of forensic\nmaterial etc by order of magistrate) states a period for which forensic\nmaterial obtained because of the carrying out of the procedure may\nbe retained, the forensic material must be destroyed as soon as\npracticable after the end of the period.\n\nDestruction of forensic material Part 2.10\n","sortOrder":105},{"sectionNumber":"91","sectionType":"section","heading":"Destruction of forensic material taken from serious","content":"91 Destruction of forensic material taken from serious\noffender after conviction quashed\nThe police officer who obtained an order under section 77 (Court\norder for carrying out forensic procedure on serious offender) for the\ncarrying out of a forensic procedure on a serious offender whose\nconviction is quashed after the making of the order must ensure that\nany forensic material obtained because of the carrying out of the\nprocedure is destroyed as soon as practicable after the conviction is\nquashed.\n","sortOrder":106},{"sectionNumber":"92","sectionType":"section","heading":"Application for destruction of forensic material after","content":"92 Application for destruction of forensic material after\n1 year\n(1) If forensic material has been taken from a suspect by a forensic\nprocedure carried out under part 2.3 (Forensic procedures by consent\nof suspect), part 2.4 (Non-intimate forensic procedures on suspect by\norder of police officer) or part 2.5 (Forensic procedures on suspect by\norder of magistrate), the suspect may apply to a court for an order that\nthe forensic material be destroyed.\n(2) However, the suspect may not make an application under this\nsection—\n(a) if a proceeding against the suspect for an offence to which the\nforensic material relates has begun and not been finally decided\n(including any appeal); or\n(b) if—\n(i) the suspect is convicted of an offence to which the forensic\nmaterial relates; and\n(ii) the suspect—\n(A) does not appeal against the conviction in the appeal\nperiod; or\n(B) appeals against the conviction and the appeal is\nunsuccessful.\n\n(3) An application under this section may only be made 1 year or later\nafter—\n(a) the day the forensic material was taken; or\n(b) if an application for destruction of the forensic material has\npreviously been refused under this section—the day an\napplication was last refused.\n(4) On application, the court must order that the forensic material be\ndestroyed unless satisfied that—\n(a) there are reasonable grounds to believe that the forensic material\nis likely to be of probative value in relation to the investigation\nof, or a proceeding for, an offence (including the offence in\nrelation to which the forensic material was taken from the\nsuspect but, for that offence, not in relation to the suspect); and\n(b) the destruction of the forensic material is not justified in all the\ncircumstances.\n(5) The court may order when the forensic material must be destroyed.\n(6) If the court orders that forensic material be destroyed, the court must\nensure that the responsible person for the ACT DNA database is told\nabout the order.\n","sortOrder":107},{"sectionNumber":"93","sectionType":"section","heading":"Destruction of forensic material if related evidence is","content":"93 Destruction of forensic material if related evidence is\ninadmissible\nIf a court finds that evidence mentioned in section 85 (3)\n(Inadmissibility of evidence from improper forensic procedures etc)\nrelating to a forensic procedure is inadmissible under section 85, the\nchief police officer must, as soon as practicable, ensure that any\nforensic material taken from the suspect by that forensic procedure is\ndestroyed.\n\n","sortOrder":108},{"sectionNumber":"94","sectionType":"section","heading":"Definitions—Act","content":"94 Definitions—Act\n(1) In this Act:\nACT DNA database—see section 94A.\ncrime scene index means—\n(a) an index of DNA profiles derived from forensic material\nfound—\n(i) at any place (whether in or outside Australia) where a\nserious offence was, or is reasonably suspected of having\nbeen, committed; or\n(ii) on or within the body of the victim, or a person reasonably\nsuspected of being a victim, of a serious offence; or\n(iii) on anything worn or carried by the victim when a serious\noffence was, or is reasonably suspected of having been,\ncommitted; or\n(iv) on or within the body of anyone, on anything, or at any\nplace, associated with the commission of a serious offence;\nor\nDNA database system means a database (whether in computerised or\nother form and however described) containing—\n(a) the following indexes of DNA profiles:\n(i) a crime scene index;\n(ii) a missing persons index;\n(iii) an unknown deceased persons index;\n\n(iv) a serious offenders index;\n(v) a volunteers (unlimited purposes) index;\n(vi) a volunteers (limited purposes) index;\n(vii) a suspects index;\nand information that may be used to identify the person from\nwhose forensic material each DNA profile was derived; and\n(b) a statistical index; and\n(c) any other index prescribed by regulation.\nmissing persons index means—\n(a) an index of DNA profiles derived from forensic material of—\n(i) people who are missing; and\n(ii) volunteers who are relatives by blood of missing people; or\nserious offenders index means—\n(a) an index of DNA profiles derived from forensic material\ntaken—\n(i) under part 2.7 (Carrying out of certain forensic procedures\nafter conviction of serious offenders) from serious\noffenders; or\n(ii) under part 2.3 (Forensic procedures by consent of suspect),\npart 2.4 (Non-intimate forensic procedures on suspect by\norder of police officer) or part 2.5 (Forensic procedures on\nsuspect by order of magistrate) from suspects who have\nbeen convicted of a serious offence; or\n\nstatistical index means—\n(a) an index of information that—\n(i) is obtained from the analysis of forensic material taken\nfrom people under this Act; and\n(ii) has been compiled for statistical purposes; and\n(iii) cannot be used to discover the identity of people from\nwhom the forensic material was taken; or\n(b) a corresponding statistical index prescribed by regulation for\nthis definition.\nsuspects index means—\n(a) an index of DNA profiles derived from forensic material taken\nfrom suspects under part 2.3 (Forensic procedures by consent of\nsuspect), part 2.4 (Non-intimate forensic procedures on suspect\nby order of police officer) or part 2.5 (Forensic procedures on\nsuspect by order of magistrate); or\nunknown deceased persons index means—\n(a) an index of DNA profiles derived from forensic material of dead\npeople whose identities are unknown; or\n\nvolunteers (limited purposes) index means—\n(a) an index of DNA profiles derived from forensic material taken\nunder part 2.8 (Carrying out of forensic procedures on\nvolunteers and certain other people) from volunteers who (or\nwhose parents or guardians) have been informed that\ninformation obtained will be used only for the purpose of a\ncriminal investigation or any other purpose for which the\nACT DNA database may be used under this part; or\nvolunteers (unlimited purposes) index means—\n(a) an index of DNA profiles derived from material taken—\n(i) under part 2.8 (Carrying out of forensic procedures on\nvolunteers and certain other people) from volunteers who\n(or whose parents, guardians or close associates) have been\ninformed under section 80 (3) (c) (Informed consent of\nvolunteer or parent, guardian or close associate of\nvolunteer) that information obtained may be used for a\ncriminal investigation or any other purpose for which the\nACT DNA database may be used; or\n(ii) from dead people whose identity is known; or\n(2) In this section:\ncorresponding DNA index means an index of DNA profiles\nestablished, kept or maintained under a law, or a provision of a law,\nof the Commonwealth or a State, whether or not the law or provision\nis a corresponding law.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\ncorresponding statistical index means an index of information\nobtained from the analysis of forensic material that is established,\nkept or maintained under a law, or a provision of a law, of the\nCommonwealth or a State, whether or not the law or provision is a\ncorresponding law.\n","sortOrder":109},{"sectionNumber":"94A","sectionType":"section","heading":"ACT DNA database","content":"94A ACT DNA database\n(1) The Minister must ensure a DNA database system (the ACT DNA\ndatabase) is kept.\n(2) The Minister may enter into an agreement (a database agreement)\nwith 1 or more entities to keep the ACT DNA database, or part of the\ndatabase, on behalf of the Territory.\n(3) To remove any doubt, if the Minister enters into a database\nagreement, it does not affect the Territory’s powers in relation to the\nACT DNA database.\n(4) If the Minister enters into a database agreement, the Minister may\naccess the ACT DNA database to review and audit it.\nNote The Legislation Act, s 254A provides that the Minister may delegate the\nMinister’s functions under an Act to ‘anyone else’. A reference to\n‘anyone else’ is a reference to a person generally (see Legislation Act,\ns 160).\n","sortOrder":110},{"sectionNumber":"95","sectionType":"section","heading":"Supply of forensic material for prohibited analysis etc","content":"95 Supply of forensic material for prohibited analysis etc\n(a) the person’s conduct causes the supply of forensic material\ntaken from anyone under this Act (or under a law of another\njurisdiction prescribed by regulation for this subsection) to\nanyone for prohibited analysis; and\n(b) the person intends, or is reckless about, the supply of material of\nthat kind.\n\n(2) A person commits an offence if—\n(a) the person’s conduct causes the supply of forensic material\n(other than excluded forensic material) to anyone for analysis\nfor the purpose of deriving a DNA profile for inclusion on an\nindex of the ACT DNA database; and\n(b) the person intends, or is reckless about, the supply of material of\nthat kind.\n(3) In this section:\nexcluded forensic material means forensic material—\n(a) found at a crime scene; or\n(b) taken from a suspect in relation to a serious offence under\npart 2.3 (Forensic procedures by consent of suspect), part 2.4\n(Non-intimate forensic procedures on suspect by order of police\nofficer) or part 2.5 (Forensic procedures on suspect by order of\nmagistrate); or\n(c) taken from a serious offender or volunteer under part 2.7\n(Carrying out of certain forensic procedures after conviction of\nserious offenders) or part 2.8 (Carrying out of forensic\nprocedures on volunteers and certain other people); or\n(d) taken from the body of a dead person; or\n(e) that is from the body of a missing person; or\n(f) taken from a volunteer who is a relative by blood of a dead or\nmissing person; or\n(g) taken under a law of another jurisdiction prescribed by\nregulation for this definition.\n\nlaw, of another jurisdiction, means a law, or a provision of a law, of\nthe Commonwealth or a State, whether or not the law is a\ncorresponding law.\nprohibited analysis, of forensic material, means analysis for the\npurpose of deriving a DNA profile for inclusion on an index of the\nACT DNA database if—\n(a) this Act or a law of another jurisdiction prescribed by regulation\nrequires the material to be destroyed; or\n(b) a court orders that the material be destroyed.\n","sortOrder":111},{"sectionNumber":"96","sectionType":"section","heading":"Use of information on ACT DNA database","content":"96 Use of information on ACT DNA database\n(a) the person accesses information on the ACT DNA database; and\n(b) the access is not authorised under this section.\n(2) A person may access information stored on the ACT DNA database\nfor 1 or more of the following purposes:\n(a) the purpose of forensic comparison permitted under section 97;\n(b) the purpose of making the information available, in accordance\nwith the regulations, to the person to whom the information\nrelates;\n(c) the purpose of administering the ACT DNA database;\n(d) the purpose of, and in accordance with, an arrangement entered\ninto under section 102 (Database information) for the provision\nof access to information on the ACT DNA database by law\nenforcement officers or anyone else prescribed by regulation;\n(e) the purpose of the Mutual Assistance in Criminal Matters\n\n(f) the purpose of a coronial inquest or inquiry;\n(g) the purpose of investigation of a complaint by the information\nprivacy commissioner (or someone who has corresponding\nfunctions under the law of another participating jurisdiction).\n(3) The following entities may access information on the ACT DNA\ndatabase for the purpose of reviewing or auditing the database:\n(a) the auditor-general;\n(b) the human rights commissioner;\n(c) the ombudsman;\n(d) the information privacy commissioner;\n(e) an entity of another participating jurisdiction prescribed by\nregulation;\n(f) any other entity prescribed by regulation.\n(4) This section does not apply to information that cannot be used to\ndiscover the identity of anyone.\n","sortOrder":112},{"sectionNumber":"97","sectionType":"section","heading":"Permissible matching of DNA profiles","content":"97 Permissible matching of DNA profiles\n(1) A matching of a DNA profile on an index of the ACT DNA database\nmentioned in table 97, column 1 with a DNA profile on another index\nof the database mentioned in column 2, 3, 4, 5, 6, 7 or 8 is not\npermitted by this Act if—\n(a) ‘only if within purpose’ is shown in relation to the index\nmentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers\n(limited purposes) index mentioned in column 1; and\n(b) the matching is carried out for a purpose other than a purpose\nfor which the DNA profile placed on the volunteers (limited\npurposes) index mentioned in column 1 was so placed.\n\n(2) A matching of a DNA profile on an index of the ACT DNA database\nmentioned in table 97, column 1 with a DNA profile on another index\nof the database mentioned in column 2, 3, 4, 5, 6, 7 or 8 is permitted\nby this Act if—\n(a) ‘yes’ is shown in relation to the index mentioned in column 2,\n3, 4, 5, 6, 7 or 8 opposite the index mentioned in column 1; or\n(b) ‘only if within purpose’ is shown in relation to the index\nmentioned in column 2, 3, 4, 5, 6, 7 or 8 opposite the volunteers\n(limited purposes) index mentioned in column 1 and the\nmatching is carried out for a purpose for which the DNA profile\nplaced on the volunteers (limited purposes) index mentioned in\ncolumn 1 was so placed.\n(3) A person commits an offence if—\n(a) the person’s conduct causes the matching that is not permitted\nby this Act of a DNA profile on an index of the ACT DNA\ndatabase with a DNA profile on the same or another index of the\nACT DNA database; and\n(b) the person intends, or is reckless about, the matching.\n(4) This section does not make it an offence for conduct to cause a\nmatching that is not permitted by this Act if the matching is solely for\nthe purpose of administering the ACT DNA database.\n\nTable 97 Table of permissible matching of DNA profiles\ncrime scene yes yes only if\nsuspects yes yes only if\n\nyes yes only if\noffenders yes yes only if\npersons yes yes only if\n\nyes yes only if\n\n","sortOrder":113},{"sectionNumber":"98","sectionType":"section","heading":"Recording, retention and removal of identifying","content":"98 Recording, retention and removal of identifying\ninformation on ACT DNA database\n(a) this Act requires that forensic material taken from someone else\n(the relevant person) under this Act be destroyed; and\n(b) the person’s conduct causes any identifying information about\nthe relevant person obtained from the forensic material to be\nrecorded or retained on the ACT DNA database at any time after\nthe material is required to be destroyed under this Act; and\n(c) the person intends, or is reckless about, the recording or\nretention.\n(2) A person commits an offence if—\n(a) a court orders that forensic material taken from someone else\n(the relevant person) under this Act be destroyed; and\n(b) the person’s conduct causes any identifying information about\nthe relevant person obtained from the forensic material to be\nrecorded or retained on the ACT DNA database—\n(i) if no appeal against the order is made during the appeal\nperiod—at any time after the appeal period; or\n(ii) if an appeal against the order is made during the appeal\nperiod—at any time after the appeal is finally decided, if\nthe result is that the order is confirmed (however\ndescribed); and\n\n(c) the person intends, or is reckless about, the recording or\nretention.\n(3) The responsible person for the ACT DNA database must ensure that\nany identifying information relating to a person from whose forensic\nmaterial a DNA profile on the volunteers (unlimited purposes) index\nor volunteers (limited purposes) index of the ACT DNA database was\nderived is removed from the database as soon as practicable after—\n(a) the end of the identifying period for the profile; or\n(b) if an application is made under section 84 (Retention of forensic\nmaterial etc by order of magistrate) for retention of the\ninformation—a magistrate does not order the retention; or\n(c) if a magistrate orders retention under section 84—the end of the\nperiod stated in the order for which the information may be\nretained.\n(4) The responsible person for the ACT DNA database must ensure that\nany identifying information relating to a DNA profile of a serious\noffender on the serious offenders index of the ACT DNA database is\nremoved from the database as soon as practicable after becoming\naware that the serious offender has been pardoned or acquitted of the\nserious offence concerned or that the serious offender’s conviction\nfor the serious offence concerned has been quashed.\n\n(5) The responsible person for the ACT DNA database must ensure that\nany identifying information relating to a DNA profile of a suspect on\nthe suspects index of the ACT DNA database is removed from the\ndatabase as soon as practicable after the information is required to be\nremoved under section 98A.\n(6) In this section:\nidentifying information means any information in electronic form\nthat could be used—\n(a) to discover the identity of the person from whose forensic\nmaterial the DNA profile was derived; or\n(b) to get information about an identifiable person.\nidentifying period, for a DNA profile, means—\n(a) the period of 1 year after the DNA profile is placed on the\nACT DNA database; or\n(b) if the DNA profile is derived from forensic material taken from\na volunteer—the agreed retention period; or\n(c) if the DNA profile is derived from forensic material taken from\na dead person (other than a person who was a volunteer) whose\nidentity is known—the period the chief police officer orders the\nresponsible person for the ACT DNA database to retain\nidentifying information relating to the profile.\n\n","sortOrder":114},{"sectionNumber":"98A","sectionType":"section","heading":"Removal of identifying information about suspects after","content":"98A Removal of identifying information about suspects after\n1 year\n(a) forensic material has been taken from a suspect by a forensic\nprocedure carried out under part 2.3 (Forensic procedures by\nconsent of suspect), part 2.4 (Non-intimate forensic procedures\non suspect by order of police officer) or part 2.5 (Forensic\nprocedures on suspect by order of magistrate); and\n(b) identifying information about the suspect obtained from the\nmaterial is included on the ACT DNA database.\n(2) If—\n(a) 1 year has elapsed since the forensic material was taken; and\n(b) a proceeding for an offence to which the forensic material relates\nhas not been begun or has been discontinued;\nthe identifying information must be removed from the ACT DNA\ndatabase unless a warrant for the apprehension of the suspect has been\nissued.\n(3) If a warrant for the apprehension of the suspect is issued within 1 year\nafter the forensic material is taken, the identifying information must\nbe removed from the ACT DNA database after—\n(a) the warrant lapses; or\n(b) 1 year elapses after the suspect is apprehended.\n(4) If—\n(a) the suspect is found guilty of an offence to which the forensic\nmaterial relates but no conviction is recorded; or\n\n(b) the suspect is acquitted of an offence to which the forensic\nmaterial relates and—\n(i) no appeal against the acquittal is made during the appeal\nperiod; or\n(ii) an appeal is made against the acquittal and the acquittal is\nconfirmed or the appeal is withdrawn;\nthe identifying information must be removed from the ACT DNA\ndatabase unless an investigation into, or a proceeding against the\nsuspect for, another offence to which the forensic material relates is\npending.\n(5) A magistrate may, on application by the director of public\nprosecutions, extend for not longer than 1 year the period for which\nidentifying information may be retained under this section, if the\nmagistrate is satisfied there are special reasons for doing so.\n(6) A magistrate to whom an application is made under subsection (5)\nmay extend the period only if—\n(a) the person from whom the forensic material was taken has been\nnotified by the director of public prosecutions that the\napplication has been made; and\n(b) the person or his or her lawyer or interview friend (if any) has\nbeen given an opportunity to speak to or make a submission to\nthe magistrate about the extension.\n(7) An extension in relation to particular identifying information may be\ngiven more than once.\n(8) The magistrate must ensure that the responsible person for the\nACT DNA database is told about any extension given under this\nsection.\n(9) In this section:\nidentifying information—see section 98 (6).\n\nPart 2.12 Operation of Act and effect on other laws\nPart 2.12 Operation of Act and effect on\nother laws\n99 Application of other Acts\n(1) This Act is not intended to limit or exclude the operation of another\nterritory law relating to—\n(a) the carrying out of forensic procedures, including procedures\nnot mentioned in this Act; or\n(b) without limiting paragraph (a), the carrying out of breath\nanalysis or a breath test or the production of samples of blood\nand urine to decide the level of alcohol or drugs (if any) present\nin a person’s body; or\n(c) the taking of forensic samples, including samples not mentioned\nin this Act; or\n(d) the carrying out of searches of the person.\n(2) To remove any doubt, it is declared that even if another territory law\nprovides a power to do 1 or more of the things mentioned in\nsubsection (1), a similar power given by this Act may be exercised\ndespite the existence of the power under the other law.\n\nInterstate enforcement Part 2.13\n","sortOrder":115},{"sectionNumber":"100","sectionType":"section","heading":"Definitions relating to interstate enforcement","content":"100 Definitions relating to interstate enforcement\nIn this Act:\nanother participating jurisdiction means a participating jurisdiction\nother than the Territory.\nappropriate authority means—\n(a) for the Territory—the chief police officer and any other\nauthority prescribed by regulation; or\n(b) for another participating jurisdiction—an authority exercising,\nin relation to the police service or force of that jurisdiction,\nfunctions corresponding to those of the chief police officer and\nany other authority prescribed by regulation.\ncorresponding law means a law, or a provision of a law, of the\nCommonwealth or a State that is prescribed by regulation for this\ndefinition, whether or not the law corresponds, or substantially\ncorresponds, to this Act.\nDNA database means—\n(a) the ACT DNA database; or\n(b) NCIDD; or\n(c) for a participating jurisdiction—a database (whether in\ncomputerised or other form and however described) held by, or\non behalf of, the participating jurisdiction for the purposes of a\ncorresponding law of the participating jurisdiction.\njurisdiction means the Territory, the Commonwealth or a State.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\nNCIDD means the database known as the National Criminal\nInvestigation DNA Database and managed by the Commonwealth.\n\nparticipating jurisdiction means the Territory and another\njurisdiction in which a corresponding law is in force.\nresponsible Minister, of another participating jurisdiction, means a\nMinister of that jurisdiction who is responsible for administration of\na corresponding law.\n","sortOrder":116},{"sectionNumber":"101","sectionType":"section","heading":"Registration of orders","content":"101 Registration of orders\n(1) The Minister may enter into arrangements with the responsible\nMinisters of the participating jurisdictions for the establishment and\nmaintenance, in a participating jurisdiction, of a register of orders for\nthe carrying out of forensic procedures made under this Act and\ncorresponding laws of participating jurisdictions.\n(2) A forensic order is registered when a copy of the order, certified by\nthe person who made it, is registered in accordance with the law of\nthe participating jurisdiction where the register is kept.\n(3) A person is authorised to carry out in the ACT the forensic procedure\nauthorised by an order that is registered in accordance with such an\narrangement.\n(4) The person is authorised to carry out the procedure in accordance with\n(5) An application for registration of a forensic order, or for cancellation\nof registration of a forensic order, may be made by an appropriate\nauthority.\n","sortOrder":117},{"sectionNumber":"102","sectionType":"section","heading":"Database information","content":"102 Database information\n(1) The Minister may enter into arrangements with the responsible\nMinister of another participating jurisdiction under which—\n(a) information from the ACT DNA database is to be provided to\nthe appropriate authority for the jurisdiction for either or both of\nthe following purposes:\n\nInterstate enforcement Part 2.13\n(i) the investigation of, or the conduct of a proceeding for, an\noffence against a law of the Territory or the participating\njurisdiction;\n(ii) the identification of missing or dead people; and\n(b) information from a DNA database of the participating\njurisdiction is to be provided to the appropriate authority for the\nTerritory for either or both of the following purposes:\n(i) the investigation of, or the conduct of a proceeding for, an\noffence against a law of the Territory or the participating\njurisdiction;\n(ii) the identification of missing or dead people.\n(2) Without limiting subsection (1), the Minister may enter into\narrangements with the responsible Minister of the Commonwealth\nunder which information from the ACT DNA database (the\nTerritory’s information) is to be provided to the appropriate authority\nfor the Commonwealth for the purpose of the authority—\n(a) comparing the information with information provided to the\nauthority from a DNA database of another participating\njurisdiction (the participating jurisdiction’s information); and\n(b) identifying to the appropriate authority for the Territory any\nmatches that are found as a result of the comparison; and\n(c) providing the Territory’s information in relation to those\nmatches to the appropriate authority for the Commonwealth or\nthe appropriate authority of the participating jurisdiction; and\n(d) providing the participating jurisdiction’s information in relation\nto those matches to the appropriate authority for the Territory.\n(3) An arrangement mentioned in this section may not authorise the\ncomparison of information to match DNA profiles in a way that\nwould contravene section 97 (Permissible matching of DNA profiles)\nwere the information contained wholly on the ACT DNA database.\n\n(4) Information that is provided under this section must not be recorded\nor maintained on any database of information that may be used to\ndiscover the identity of a person or to obtain information about an\nidentifiable person—\n(a) at any time after this Act or a corresponding law of another\nparticipating jurisdiction requires the forensic material to which\nit relates to be destroyed; or\n(b) if a court orders that the forensic material to which it relates be\ndestroyed—\n(i) if no appeal against the order is made during the appeal\nperiod—at any time after the appeal period; or\n(ii) if an appeal against the order is made during the appeal\nperiod—at any time after the appeal is finally decided, if\nthe result is that the order is confirmed (however\ndescribed).\n\nPart 2.14 General provisions about\noperation of Act\n","sortOrder":118},{"sectionNumber":"103","sectionType":"section","heading":"Powers of lawyers and interview friends","content":"103 Powers of lawyers and interview friends\n(1) A request that may be made by a suspect, serious offender or\nvolunteer under this Act may be made, for the person, by—\n(a) the person’s lawyer; or\n(b) if the person is a child, incapable person or Aboriginal or Torres\nStrait Islander person—the person’s interview friend.\nNote The interview friend may be a lawyer (see s 16).\n(2) Subsection (3) applies if—\n(a) this Act requires a suspect, serious offender or volunteer to be\ninformed about a matter; and\n(b) the person’s interview friend or lawyer is present when the\nperson is informed about the matter; and\n(c) the person is informed in a language (including sign language or\nbraille) in which the person’s interview friend or lawyer cannot\ncommunicate with reasonable fluency.\n(3) The person’s interview friend or lawyer must also be informed about\nthe matter in a language in which the interview friend or lawyer can\ncommunicate with reasonable fluency.\n\n","sortOrder":119},{"sectionNumber":"104","sectionType":"section","heading":"Obligation of investigating police officers relating to","content":"104 Obligation of investigating police officers relating to\nelectronic recordings\n(1) If a recording by audiotape, videotape or other electronic means is\nmade as required by this Act, an investigating police officer must\nensure that—\n(a) if an audio recording only or video recording only is made—the\nrecording, or a copy of it, is made available to the suspect,\nserious offender or volunteer; and\n(b) if both an audio recording and a video recording are made—\n(i) the audio recording, or a copy of it, is made available to the\nsuspect, serious offender or volunteer; and\n(ii) the suspect, serious offender or volunteer is given an\nopportunity to view the video recording; and\n(c) in any case, if a transcript of the recording is made—a copy of\nthe transcript is made available to the suspect, serious offender\nor volunteer.\n(2) If an investigating police officer is required to ensure that a suspect,\nserious offender or volunteer is given an opportunity to view a video\nrecording made under this Act, the investigating police officer must\nensure that the same opportunity is given to—\n(a) the suspect’s, serious offender’s or volunteer’s lawyer; and\n(b) if the suspect, serious offender or volunteer is a child, incapable\nperson or Aboriginal or Torres Strait Islander person—the\nsuspect’s, serious offender’s or volunteer’s interview friend.\nNote The interview friend may be a lawyer (see s 16).\n\n","sortOrder":120},{"sectionNumber":"105","sectionType":"section","heading":"Material required to be made available to suspect, serious","content":"105 Material required to be made available to suspect, serious\noffender or volunteer\n(1) Material from samples or copies or any other material, that must be\nmade available to a suspect, serious offender or volunteer under\nthis Act—\n(a) may be sent to the suspect, serious offender or volunteer at his\nor her last-known address (if any), or to the suspect’s, serious\noffender’s or volunteer’s lawyer (if any) at his or her last-known\naddress; or\n(b) if there is no known address as mentioned in paragraph (a)—\nmay be made available for collection by the suspect, serious\noffender or volunteer at the police station where an investigating\npolice officer was based when the forensic procedure was\n(2) Material of any kind (other than material from samples and copies of\nrecords made under section 45 (Records of applications and interim\norders)) that is required by this Act to be made available to a suspect,\nserious offender or volunteer must be made available in accordance\nwith subsection (1)—\n(a) as soon as practicable after the material comes into existence; or\n(b) if the material is requested by the suspect, serious offender or\nvolunteer or the suspect’s, serious offender’s or volunteer’s\ninterview friend or lawyer—as soon as practicable after the\nmaking of the request.\nNote Section 60 (4) (a) deals with the timing of making sample material\navailable, s 45 (3) deals with the timing of making copies available of\nrecords mentioned in s 45.\n\n","sortOrder":121},{"sectionNumber":"106","sectionType":"section","heading":"Suspect, serious offender or volunteer not to be charged","content":"106 Suspect, serious offender or volunteer not to be charged\nfor material or viewing video\nIf this Act requires material of any kind to be given to a suspect,\nserious offender or volunteer, or an opportunity to view a video\nrecording to be given to a suspect, serious offender or volunteer, the\nmaterial or the opportunity to view the video must be given without\ncharge.\n","sortOrder":122},{"sectionNumber":"107","sectionType":"section","heading":"Proof of belief","content":"107 Proof of belief\nIn any proceeding, the burden lies on the prosecution to prove on the\ngrounds about a matter mentioned in this Act.\n","sortOrder":123},{"sectionNumber":"108","sectionType":"section","heading":"Proof of impracticability","content":"108 Proof of impracticability\nIn any proceeding, the burden lies on the prosecution to prove on the\nbalance of probabilities that it was not practicable to do something\nrequired by this Act to be done if practicable.\n","sortOrder":124},{"sectionNumber":"109","sectionType":"section","heading":"Liability for forensic procedures","content":"109 Liability for forensic procedures\nNo civil or criminal liability is incurred by anyone (including a police\nofficer) who carries out, or helps to carry out, a forensic procedure\nunder this Act in relation to anything done by the person in carrying\nout, or helping to carry out, the forensic procedure if—\n(a) the person believed on reasonable grounds that—\n(i) informed consent had been given to the carrying out of the\n(ii) the carrying out of the forensic procedure without informed\nconsent had been duly ordered by a police officer, court or\nmagistrate under this Act; and\n(b) the thing was done in good faith; and\n\n(c) the doing of it was reasonable in all the circumstances.\n","sortOrder":125},{"sectionNumber":"110","sectionType":"section","heading":"Experts not obliged to carry out forensic procedures","content":"110 Experts not obliged to carry out forensic procedures\nThis Act does not require a doctor, nurse, dentist, dental technician or\nappropriately qualified person to carry out a forensic procedure.\n","sortOrder":126},{"sectionNumber":"111","sectionType":"section","heading":"Disclosure of information","content":"111 Disclosure of information\n(1) A person who has access—\n(a) to any information stored on the ACT DNA database; or\n(b) to any other information revealed by a forensic procedure\ncarried out on the suspect, serious offender or volunteer;\nmust not disclose that information except as provided by this section.\n(2) A person may only disclose information stored on the ACT DNA\ndatabase for 1 or more of the following purposes:\n(a) the purpose of forensic comparison, by a police officer or\nanyone else prescribed by regulation, in the course of a criminal\ninvestigation or an investigation by a police officer relating to a\nmissing or dead person;\n(b) the purpose of making the information available, in accordance\nwith the regulations, to the person to whom the information\nrelates;\n(c) the purpose of administering the ACT DNA database;\n(d) the purpose of reviewing or auditing the ACT DNA database;\n\n(e) for the purpose of, and in accordance with, an arrangement\nentered into under section 102 (Database information) for the\nprovision of access to information on the ACT DNA database\nby law enforcement officers or anyone else prescribed by\nregulation;\n(f) for the purpose of the Mutual Assistance in Criminal Matters\n(g) the purpose of a coronial inquest or inquiry;\n(h) the purpose of investigation of a complaint by the information\nprivacy commissioner (or someone who has corresponding\nfunctions under the law of another participating jurisdiction).\n(3) A person may only disclose information revealed by the carrying out\nof a forensic procedure as follows:\n(a) if the person is the suspect, serious offender or volunteer to\nwhom the information relates;\n(b) if the information is already publicly known;\n(c) in accordance with any other provision of this Act;\n(d) in accordance with the Mutual Assistance in Criminal Matters\n(e) for the purposes of the investigation of any offence or offences\ngenerally;\n(f) for the purpose of a decision whether to institute a proceeding\nfor any offence;\n(g) for the purpose of a proceeding for any offence;\n(h) for the purpose of a coronial inquest or inquiry;\n(i) for the purpose of a civil proceeding (including a disciplinary\nproceeding) that relates to how the procedure was carried out;\n\n(j) for the purpose of the suspect’s, serious offender’s or\nvolunteer’s medical treatment;\n(k) for the purpose of the medical treatment of a victim of an offence\nif there are reasonable grounds to believe the offence was\ncommitted by the person on whom the forensic procedure was\ncarried out;\n(l) if the suspect, serious offender or volunteer consents in writing\nto the disclosure.\n(4) This section does not apply to information that cannot be used to\ndiscover the identity of any person.\n(5) A person commits an offence if—\n(a) the person’s conduct causes the disclosure of information in\ncontravention of this section; and\n(b) the person intends, or is reckless about, the disclosure.\n","sortOrder":127},{"sectionNumber":"112","sectionType":"section","heading":"Taking, retention and use of forensic material in","content":"112 Taking, retention and use of forensic material in\naccordance with another law\n(1) This Act does not affect the taking, retention or use of forensic\nmaterial, or information obtained from forensic material, if the taking,\nretention or use of the material is authorised under another territory\nlaw or a law of the Commonwealth or a State.\n(2) Without limiting subsection (1), this Act does not limit or exclude the\nCrimes Act 1900, part 10 (Criminal investigation) or part 11\n(Investigation of extraterritorial offences).\n\n(3) Forensic material, or information obtained from it, that was taken in\naccordance with a law of the Commonwealth or a State may be\nretained or used in the ACT for investigative, evidentiary or statistical\npurposes even if its retention or use would, apart from this subsection,\nconstitute a breach of, or failure to comply with, any provision of\nthis Act relating to the carrying out of forensic procedures.\n","sortOrder":128},{"sectionNumber":"113","sectionType":"section","heading":"Retention of electronic recordings","content":"113 Retention of electronic recordings\n(1) A recording made by audiotape, videotape or other electronic means\nby a police officer in accordance with this Act that is no longer\nrequired for investigative or evidentiary purposes may be retained for\nthe purposes, and for the period, the chief police officer directs.\n(2) A recording that is retained under this section must be stored so as to\nprotect it against unauthorised access or use by anyone.\n\nMiscellaneous Chapter 3\n","sortOrder":129},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"Chapter 3 Miscellaneous\n","sortOrder":130},{"sectionNumber":"114","sectionType":"section","heading":"Delegation by chief police officer","content":"114 Delegation by chief police officer\nThe chief police officer may delegate the chief police officer’s\nfunctions under this Act to a police officer of the rank of sergeant or\nabove.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":131},{"sectionNumber":"115","sectionType":"section","heading":"Regulation-making power","content":"115 Regulation-making power\nThe Executive may make regulations for this Act.\nNote A regulation must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n\n","sortOrder":132},{"sectionNumber":"116","sectionType":"section","heading":"Forensic procedures under pt 2.7","content":"116 Forensic procedures under pt 2.7\n(1) A person is authorised by section 65 (Non–intimate forensic\nprocedures authorised to be carried out) to carry out a forensic\nprocedure under part 2.7 (Carrying out of certain forensic procedures\nafter conviction of serious offenders) on a serious offender whether\nthe serious offender was convicted of the serious offence concerned\nbefore, or is convicted of the serious offence concerned after, the\ncommencement of that section.\n(2) A person is authorised to carry out a forensic procedure under part 2.7\non a serious offender whether the serious offender was convicted of\nthe serious offence concerned before, or is convicted of the serious\noffence concerned after, the commencement of this subsection.\n","sortOrder":133},{"sectionNumber":"117","sectionType":"section","heading":"Forensic material taken before commencement","content":"117 Forensic material taken before commencement\nForensic material taken before the commencement of this section in\naccordance with the law of the Territory or the Commonwealth or a\nState, and information obtained from it, may be retained or used in\nthe ACT for investigative, evidentiary or statistical purposes even if\nits retention or use would be, apart from this section, a breach of, or\nfailure to comply with, any provision of this Act relating to the\ncarrying out of forensic procedures.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and provisions that are relevant\nto this Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n• adult\n• auditor-general (see s 163)\n• chief police officer\n• contravene\n• correctional centre\n• director of public prosecutions\n• domestic partner (see s 169)\n• entity (see s 184A)\n• function\n• health practitioner\n• human rights commissioner\n• information privacy commissioner\n• intersex person (see s 169B)\n• law, of the Territory\n• lawyer\n• magistrate\n• ombudsman\n• police officer\n• State\n• summary offence (see s 190)\n• territory law\n• transgender person (see s 169A)\n• under.\n\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or Torres Strait Islander\nperson; and\n(b) identifies as an Aboriginal person or Torres Strait Islander\nACT DNA database—see section 94A.\nagreed retention period—see section 80A (3).\nanother participating jurisdiction—see section 100.\nappeal period, for an appeal to a court against an order, means the\nperiod stated by a territory law during which an appeal against the\norder may be made without the court’s leave.\nappropriate authority—see section 100.\nappropriately qualified person—see section 13.\narrest and removal order—see section 40A.\nauthorised applicant—see section 12.\nchild—see section 14.\nclose associate, for an incapable person—see section 14A.\ncorrectional centre includes a NSW correctional centre.\nNote Correctional centre and NSW correctional centre are defined in the\nLegislation Act, dict, pt 1.\ncorrections health practitioner, for a correctional centre, means a\nhealth practitioner appointed under the Corrections Management\nAct 2007, section 22 (Health practitioners—non-therapeutic\nfunctions) for the centre.\ncorresponding law—see section 100.\ncrime scene index—see section 94.\ndental technician—see the Health Act 1993, dictionary.\n\ndestroy—a person destroys forensic material taken from someone\nelse by a forensic procedure, the results of the analysis of the material,\nor other information obtained from it, if the person destroys any\nmeans of identifying the forensic material or information with the\nperson from whom it was taken or to whom it relates.\nDNA database—see section 100.\nDNA database system, for part 2.11 (ACT DNA database)—see\nsection 94.\nforensic material—see section 5.\nforensic order means—\n(a) an order of a magistrate under section 33 (Final order for\ncarrying out of forensic procedure); or\n(b) an interim order of a magistrate under section 41 (Interim order\nfor immediate carrying out of forensic procedure); or\n(c) an order of a court under section 77 (Court order for carrying\nout of forensic procedure on serious offender) or section 78\n(Carrying out of forensic procedure following conviction); or\n(d) an order of a magistrate under section 83 (Circumstances in\nwhich magistrate may order carrying out of forensic procedure\non child or incapable person) or section 84 (Retention of\nforensic material etc by order of magistrate).\nforensic procedure—see section 5.\nincapable person—see section 15.\nin custody—a person is in custody if the person is in the lawful\ncustody of a police officer.\ninform a person of a matter means inform the person of the matter,\nthrough an interpreter if necessary, in language (including sign\nlanguage or braille) in which the person can communicate with\nreasonable fluency.\n\ninformed consent—\n(a) for a suspect—see section 21 (Informed consent of suspect to\nforensic procedure); and\n(b) for a serious offender—see section 69 (Informed consent of\nserious offender to forensic procedure); and\n(c) for a volunteer or parent, guardian or close associate of a\nvolunteer—see section 80 (Informed consent of volunteer or\nparent, guardian or close associate of volunteer).\ninfringement notice means—\n(a) an infringement notice under the Road Transport (General)\nAct 1999; or\n(b) any other notice (however described) served on a person under\na territory law that states to the effect that, if the person pays an\namount in relation to an offence, no further action will be taken\nin relation to the offence.\ninterview friend—see section 16.\nintimate forensic procedure—see section 6.\ninvestigating police officer—see section 11.\njurisdiction—see section 100.\nmissing persons index—see section 94.\nnon-intimate forensic procedure—see section 7.\noffence means an offence against a law in force in the ACT.\nparent—see section 14.\nparticipating jurisdiction—see section 100.\n\npolice station includes—\n(a) an ACT police station; and\n(b) any other building (or part of a building) occupied by the\nAustralian Federal Police.\nrelevant person, for part 2.6 (Carrying out forensic procedures)—see\nsection 48A.\nresponsible Minister—see section 100.\nresponsible person, for the ACT DNA database, means the person\nresponsible for the care, control and management of the database.\nsample, taken from a person, includes a sample taken from the person\nthat consists of matter from someone else’s body.\nserious offence—see section 9.\nserious offender—see section 9.\nserious offenders index—see section 94.\nstatistical index—see section 94.\nsuspect—see section 8.\nsuspects index—see section 94.\ntelephone includes any telecommunications device.\nunknown deceased persons index—see section 94.\nvolunteer—see section 10.\nvolunteers (limited purposes) index—see section 94.\nvolunteers (unlimited purposes) index—see section 94.\nwarrant, for the apprehension of a person, includes a warrant issued\nunder the Magistrates Court Act 1930, division 3.3.4 (Warrants) for\nthe arrest or apprehension of the person.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":134},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nCrimes (Forensic Procedures) Act 2000 A2000-61\nnotified 5 October 2000 (Gaz 2000 No 40)\ns 1, s 2 commenced 5 October 2000\nremainder commenced 16 October 2000 (Gaz 2000 No S59)\nas amended by\nJustice and Community Safety Amendment Act 2001 A2001-9 sch 1\nnotified 8 March 2001 (Gaz 2001 No 10)\namdts commenced 8 March 2001 (s 2 (2))\nStatute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.13\nnotified 5 September 2001 (Gaz 2001 No S65)\namdt 3.242 commenced 12 September 2001 (s 2 (2))\npt 3.13 remainder commenced 5 September 2001 (s 2 (1))\nCrimes Legislation Amendment Act 2001 A2001-63 pt 5\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 5 commenced 27 September 2001 (s 2 (2) and CN2001-3)\nJustice and Community Safety Legislation Amendment Act 2001\nA2001-70 sch 1\nnotified LR 14 September 2001\namdt commenced 14 September 2001 (s 2 (5))\nLegislation Amendment Act 2002 A2002-11 pt 2.13\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.13 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 pt 3.12\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.12 commenced 17 September 2002 (s 2 (1))\n\nLegislation (Gay, Lesbian and Transgender) Amendment Act 2003\nA2003-14 sch 1 pt 1.10\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\nsch 1 pt 1.10 commenced 28 March 2003 (s 2)\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.6\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\nsch 3 pt 3.6 commenced 9 October 2003 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2004\n(No 2) A2004-32 pt 9\nnotified LR 29 June 2004\ns 1, s 2 commenced 29 June 2004 (LA s 75 (1))\npt 9 commenced 13 July 2004 (s 2 (3))\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.18\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.18 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.13\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.13 commenced 2 June 2005 (s 2 (1))\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.9\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.9 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nCrimes (Forensic Procedures) Amendment Act 2008 A2008-23 pt 2\nnotified LR 10 July 2008\ns 1, s 2 commenced 10 July 2008 (LA s 75 (1))\npt 2 commenced 11 July 2008 (s 2)\n\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.4\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008 (LA s 75 (1))\nsch 1 pt 1.4 commenced 30 May 2009 (s 2 and CN2009-4)\nJustice and Community Safety Legislation Amendment Act 2009\nA2009-7 sch 1 pt 1.2\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.2 commenced 6 March 2009 (s 2 (1))\nHealth Practitioner Regulation National Law (ACT) Act 2010 A2010-10\nsch 2 pt 2.6\nnotified LR 31 March 2010\ns 1, s 2 commenced 31 March 2010 (LA s 75 (1))\nsch 2 pt 2.6 commenced 1 July 2010 (s 2 (1) (a))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.5\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.5 commenced 2 November 2010 (s 2 (2))\nStatute Law Amendment Act 2011 A2011-3 sch 3 pt 3.12\nnotified LR 22 February 2011\ns 1, s 2 commenced 22 February 2011 (LA s 75 (1))\nsch 3 pt 3.12 commenced 1 March 2011 (s 2)\nStatute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.6\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nsch 3 pt 3.6 commenced 21 September 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.13\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.13 commenced 1 March 2012 (s 2 (1) and see Evidence Act\n","sortOrder":135},{"sectionNumber":"2011","sectionType":"section","heading":"A2011-12, s 2 and CN2012-4)","content":"2011 A2011-12, s 2 and CN2012-4)\n\nJustice and Community Safety Legislation Amendment Act 2013\n(No 3) A2013-20 sch 1 pt 1.2\nnotified LR 13 June 2013\ns 1, s 2 commenced 13 June 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 14 June 2013 (s 2 (1))\nCrimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 6\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75)\nss 13, 15 and 16 commenced 6 January 2014 (s 2 (1))\npt 6 remainder commenced 10 December 2013 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.5\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.5 commenced 17 November 2014 (s 2)\nCrimes Legislation Amendment Act 2015 A2015-3 pt 4\nnotified LR 2 March 2015\ns 1, s 2 commenced 2 March 2015 (LA s 75 (1))\npt 4 commenced 3 March 2015 (s 2 (1))\nCrimes Legislation Amendment Act 2015 (No 2) A2015-36 pt 4\nnotified LR 1 October 2015\ns 1, s 2 commenced 1 October 2015 (LA s 75)\npt 4 commenced 2 October 2015 (s 2)\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.6\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.6 commenced 4 May 2016 (s 2 (2))\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.7\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.7 commenced 23 October 2018 (s 2 (4))\n\nSexual, Family and Personal Violence Legislation Amendment\nAct 2024 A2024-40 sch 1 pt 1.3\nnotified LR 12 September 2024\ns 1, s 2 commenced 12 September 2024 (LA s 75 (1))\nsch 1 pt 1.3 commenced 19 September 2024 (s 2)\n\nCommencement\ns 2 om R1 LRA\nOffences against Act—application of Criminal Code etc\ns 4A ins A2008-23 s 4\nPreliminary\npt 2.1 hdg sub A2015-36 s 12\nWhat is an intimate forensic procedure?\ns 6 am A2003-14 amdt 1.40; A2008-23 s 5, s 6\nWhat is a non-intimate forensic procedure?\ns 7 am A2008-23 s 7, s 8\nMeaning of serious offence and serious offender\ns 9 am A2008-44 amdt 1.44\nMeaning of volunteer\ns 10 am A2015-36 s 13\nMeaning of investigating police officer\ns 11 sub A2008-23 s 9\nMeaning of authorised applicant\ns 12 am A2008-23 s 10\nMeaning of appropriately qualified person\ns 13 am A2011-3 amdt 3.152\nMeaning of close associate\ns 14A ins A2015-36 s 14\nMeaning of incapable person\ns 15 am A2015-36 s 15, s 16\nInterview friend\ns 16 am A2015-3 s 8; A2015-36 s 17, s 18; pars renum R25 LA\nPolice officer to ask if person is Aboriginal or Torres Strait Islander person\ns 17 am A2002-30 amdt 3.134\nom A2003-14 amdt 1.41\nins A2015-36 s 19\nHow forensic procedures may be authorised in different circumstances\ns 18 am A2003-41 amdt 3.21; table renum R7 LA; A2008-23 s 11\nMatters that suspect must be informed of before giving consent\ns 24 am A2008-23 ss 12-16\nAboriginal or Torres Strait Islander suspects\ns 24A ins A2015-36 s 20\n\nMatters to be considered by police officer before ordering forensic\ns 29 am A2001-9 amdt 1.6\nCircumstances in which magistrate may order forensic procedure\ns 32 am A2008-23 s 17\nApplication for order\ns 35 am A2008-23 s 18\nSecuring the presence of suspects at hearings—suspect not in custody\ns 37 am A2008-23 s 19, A2013-20 amdt 1.2; A2013-50 s 13;\nss renum R22 LA; A2015-3 s 9, s 10\nProcedure at hearing of application for order\ns 38 am A2008-23 s 20, s 21; ss renum R11 LA; A2010-40\namdt 2.5; A2015-3 s 11; A2015-40 amdt 1.9\nAction to be taken on making of orders\ns 39 am A2008-23 s 22; A2015-3 s 12\nSuspect in custody may be kept in custody for carrying out forensic\ns 40 hdg sub A2009-7 amdt 1.2\ns 40 am A2009-7 amdt 1.2\nMagistrate may order arrest etc of suspect not in custody for carrying out\ns 40A ins A2009-7 amdt 1.3\nArrest, removal and detention of suspect\ns 40B ins A2009-7 amdt 1.3\nArrest and removal order—warrant to enter premises\ns 40C ins A2009-7 amdt 1.3\nWarrant to enter premises—announcement before entry and copy of warrant\ns 40D ins A2009-7 amdt 1.3\nApplications for interim orders\ns 42 am A2008-23 s 23, s 24; A2011-48 amdt 1.19; A2015-3 s 13;\nA2018-33 amdt 1.13\nProcedure at hearing of application for interim order\ns 43 am A2008-23 s 25; A2018-33 amdt 1.13\nAction to be taken on making of interim orders\ns 44 am A2018-33 amdt 1.13\nMeaning of relevant person—pt 2.6\ns 48A ins A2008-23 s 26\nGeneral rules for carrying out forensic procedures\ns 49 am A2008-23 s 27\n\nRules for carrying out forensic procedures—giving and recording\ninformation\ns 49A ins A2003-14 amdt 1.42\nsub A2008-23 s 28\nRules for carrying out forensic procedures—transgender and intersex\npeople\ns 49B ins A2008-23 s 28\nam A2015-3 s 14\nForensic procedures not to be carried out in cruel, inhuman or degrading\nway\ns 51 am A2008-23 s 29\nTaking samples of hair\ns 52 sub A2008-23 s 30\nPeople who may carry out forensic procedures\ns 53 table renum R7 LA\nam A2008-23 ss 31-33\nSex of person carrying out or helping carry out forensic procedures\ns 54 sub A2008-23 s 34\nam A2013-50 s 14\nsub A2015-3 s 15\nDoctor or dentist of person’s choice may be present for most forensic\ns 56 hdg sub A2008-23 s 35\ns 56 am A2008-23 s 35; ss renum R11 LA; A2010-10 amdt 2.23\nPresence of interview friend or lawyer while forensic procedure is carried out\ns 57 am A2008-23 ss 36-38; A2015-3 s 16; A2015-36 s 21; ss\nrenum R25 LA\nPresence of police officers while forensic procedure is carried out\ns 58 am A2008-23 s 39, s 40\nRecording of carrying out of forensic procedure\ndiv 2.6.4 hdg sub A2008-23 s 41\nRecording of forensic procedure\ns 59 sub A2008-23 s 41\nSamples\ns 60 sub A2008-23 s 42\nPhotographs or video recordings\ns 61 sub A2008-23 s 42\nResults of analysis\ns 62 sub A2008-23 s 42\n\nNon–intimate forensic procedures authorised to be carried out\ns 65 am A2008-23 s 43\nForensic procedures to be in accordance with pt 2.6\ns 67 sub A2008-23 s 44\nScope of authorisation\ns 68 sub A2008-23 s 44\nMatters to be considered by police officer before requesting consent to\ns 71 am A2006-23 amdt 1.92\nMatters that serious offender must be informed of before giving consent\ns 72 am A2006-23 amdt 1.93; A2008-23 ss 45-48; pars renum\nR11 LA; A2010-10 amdt 2.23\nCourt order for carrying out of forensic procedure on serious offender\ns 77 am A2013-50 s 15; ss renum R22 LA\nSecuring the presence of serious offender at hearing—offender in custody\ns 77A ins A2013-50 s 16\nam A2015-3 s 17\nSecuring the presence of serious offender at hearing—offender not in\ncustody\ns 77B ins A2013-50 s 16\nam A2015-3 s 18, s 19\nProcedure at hearing of application for order\ns 77C ins A2013-50 s 16\nam A2015-3 ss 20-22; A2015-40 amdt 1.10\nCarrying out of forensic procedure following conviction\ns 78 am A2006-23 amdts 1.94-1.97; A2008-23 s 49\nCarrying out of forensic procedures on volunteers\ns 79 am A2008-23 s 50\nsub A2015-36 s 22\nInformed consent of volunteer or parent, guardian or close associate of\nvolunteer\ns 80 hdg sub A2015-36 s 23\ns 80 sub A2008-23 s 51; A2015-36 s 24\nConsent to retention of forensic material taken etc\ns 80A ins A2008-23 s 51\nam A2015-36 s 25\nRecording of giving of information etc\ns 81 sub A2008-23 s 51\nam A2015-36 s 26\n\nWithdrawal of consent or end of agreed retention period\ns 82 hdg sub A2008-23 s 52\ns 82 am A2008-23 s 53, s 54; A2011-3 amdt 3.153; A2015-36 s 27\nCircumstances in which magistrate may order carrying out of forensic\nprocedure on child or incapable person\ns 83 am A2008-23 s 55; A2015-36 ss 28-30\nRetention of forensic material etc by order of magistrate\ns 84 hdg sub A2008-23 s 56\ns 84 am A2008-23 s 56, 57; ss renum R11 LA; A2011-3\namdt 3.154; A2015-36 s 31\nCertain volunteers—information about matching of DNA profile\ns 84A ins A2008-23 s 58\nAnalysis of forensic material\npt 2.8A hdg ins A2008-23 s 59\nWho may analyse forensic material?\ns 84B ins A2008-23 s 59\nInadmissibility of evidence from improper forensic procedures etc\ns 85 am A2008-23 s 60, s 61\nInadmissibility of evidence if forensic material required to be destroyed\ns 86 am A2008-23 s 62\nDestruction of certain forensic material obtained by court order\ns 90 am A2008-23 s 63, s 64\nApplication for destruction of forensic material after 1 year\ns 92 sub A2008-23 s 65\nACT DNA database\npt 2.11 hdg sub A2008-23 s 66\nDefinitions—Act\ns 94 hdg sub A2008-23 s 67\ns 94 sub A2001-63 s 45\nam A2011-3 amdt 3.156\ndef ACT DNA database ins A2008-23 s 68\ndef arrest and removal order ins A2009-7 amdt 1.4\ndef corresponding DNA index sub A2001-63 s 45\nom A2011-3 amdt 3.155\ndef corresponding statistical index sub A2001-63 s 45\nom A2011-3 amdt 3.155\ndef crime scene index sub A2001-63 s 45\ndef DNA database system sub A2001-63 s 45\ndef missing persons index sub A2001-63 s 45\ndef serious offenders index sub A2001-63 s 45\ndef statistical index sub A2001-63 s 45\n\ndef suspects index sub A2001-63 s 45\ndef unknown deceased persons index sub A2001-63 s 45\ndef volunteers (limited purposes) index sub A2001-63 s 45\nam A2008-23 s 69\ndef volunteers (unlimited purposes) index sub A2001-63\ns 45\nam A2008-23 s 70; A2015-36 s 32, s 33\nACT DNA database\ns 94A ins A2008-23 s 71\nSupply of forensic material for prohibited analysis etc\ns 95 hdg sub A2008-23 s 72\ns 95 am A2001-9 amdt 1.7 (see also A2001-70 amdt 1.7);\nA2001-63 s 46, s 47; A2008-23 s 73, s 74\nUse of information on ACT DNA database\ns 96 hdg sub A2008-23 s 75\ns 96 am A2008-23 ss 76-79; ss renum R11 LA; A2014-49 amdt 1.8,\namdt 1.9\nPermissible matching of DNA profiles\ns 97 am A2004-32 s 74; ss renum R7 (see A2004-32 s 75)\nsub A2008-23 s 80\nRecording, retention and removal of identifying information on ACT DNA\ndatabase\ns 98 sub A2008-23 s 81\nam A2011-3 amdt 3.157\nRemoval of identifying information about suspects after 1 year\ns 98A ins A2008-23 s 81\nDefinitions relating to interstate enforcement\ns 100 def corresponding law sub A2001-63 s 48\ndef DNA database sub A2001-63 s 48; A2008-23 s 82\ndef NCIDD ins A2008-23 s 83\nDatabase information\ns 102 sub A2008-23 s 84\nPowers of lawyers and interview friends\ns 103 sub A2008-23 s 85\nam A2015-3 s 23\nObligation of investigating police officers relating to electronic recordings\ns 104 am A2008-23 s 86; A2015-3 s 24\nMaterial required to be made available to suspect, serious offender or\nvolunteer\ns 105 am A2008-23 s 87, s 88\n\nDisclosure of information\ns 111 am A2008-23 ss 89-93; pars renum R11 LA; A2014-49\namdt 1.10\nTaking, retention and use of forensic material in accordance with another\nlaw\ns 112 am A2001-56 amdt 3.241; A2024-40 amdt 1.4\nDelegation by chief police officer\ns 114 sub A2002-30 amdt 3.135\nForensic procedures under pt 2.7\ns 116 am A2008-23 s 94\nExisting arrangements—s 102\ns 118 ins A2008-23 s 95\nexp 11 July 2009 (s 118 (3))\ndict am A2002-11 amdt 2.27; A2002-30 amdt 3.136; A2003-14\namdt 1.43; A2008-23 s 96; A2010-10 amdt 2.24; A2011-3\namdt 3.158; A2011-28 amdt 3.47; A2014-49 amdt 1.11,\namdt 1.12; A2015-36 s 34\ndef Aboriginal or Torres Strait Islander person ins A2015-3\ns 25\ndef ACT DNA database ins A2008-23 s 97\ndef agreed retention period ins A2011-3 amdt 3.159\ndef another Territory om A2011-3 amdt 3.160\ndef appeal period ins A2008-23 s 97\ndef arrest and removal order ins A2009-7 amdt 1.4\ndef close associate ins A2015-36 s 35\ndef correctional centre ins A2006-23 amdt 1.98\ndef corrections health practitioner ins A2010-10 amdt 2.25\ndef corrections health professional ins A2008-23 s 97\nom A2010-10 amdt 2.25\ndef dental technician ins A2011-28 amdt 3.48\ndef DNA database system sub A2008-23 s 98\ndef forensic order am A2015-36 s 36\ndef function om A2002-30 amdt 3.137\ndef health professional ins A2008-23 s 99\nom A2010-10 amdt 2.26\ndef informed consent am A2015-36 s 37\ndef medical officer ins A2006-23 amdt 1.98\nom A2008-23 s 100\ndef member of the opposite sex om A2002-30 amdt 3.138\ndef member of the same sex om A2002-30 amdt 3.138\ndef opposite sex ins A2002-30 amdt 3.139\nom A2003-14 amdt 1.44\ndef prison om A2006-23 amdt 1.99\n\ndef prison medical officer om A2006-23 amdt 1.99\ndef recognised transgender person om A2003-14 amdt 1.45\ndef relevant person ins A2008-23 s 101\ndef remand centre om A2006-23 amdt 1.99\ndef responsible person sub A2008-23 s 102\ndef same sex ins A2002-30 amdt 3.139\nom A2003-14 amdt 1.46\ndef summary offence am A2001-56 amdt 3.242\nom A2002-11 amdt 2.28\ndef transgender person om A2003-14 amdt 1.47\ndef warrant am A2004-60 amdt 1.112; A2005-20 amdt 3.106\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n16 Oct 2003\n16 Oct 2000–\n7 Mar 2001\nnot amended new Act\nreissue of\nprinted version\nR1A\n16 Oct 2003\n8 Mar 2001–\n4 Sept 2001\nA2001-9 amendments by\nA2001-9\n23 Nov 2001\n27 Sept 2001–\nA2001-70 amendments by\nA2001-56,\nA2001-63 and\nA2001-70\n28 May 2002–\n16 Sept 2002\nA2002-11 amendments by\nA2002-11\n17 Sept 2002\n17 Sept 2002–\n27 Mar 2003\nA2002-30 amendments by\nA2002-30\n28 Mar 2003\n28 Mar 2003–\n8 Oct 2003\nA2003-14 amendments by\nA2003-14\nR6*\n9 Oct 2003\n9 Oct 2003–\nA2003-41 amendments by\nA2003-41\n13 July 2004–\n9 Jan 2005\nA2004-32 amendments by\nA2004-32\n10 Jan 2005\n10 Jan 2005–\nA2004-60 amendments by\nA2004-60\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n2 June 2006–\nA2006-23 amendments by\nA2006-23\n\nEarlier republications 5\nfor\n11 July 2008–\n5 Mar 2009\nA2008-23 amendments by\nA2008-23\n6 Mar 2009\n6 Mar 2009–\nA2009-7 amendments by\nA2009-7\n30 May 2009–\nA2009-7 amendments by\nA2008-44\nR14*\n12 July 2009–\nA2009-7 commenced\nexpiry\n1 July 2010–\n1 Nov 2010\nA2010-10 amendments by\nA2010-10\n2 Nov 2010\n2 Nov 2010–\n28 Feb 2011\nA2010-40 amendments by\nA2010-40\n1 Mar 2011\n1 Mar 2011–\n20 Sept 2011\nA2011-3 amendments by\nA2011-3\n21 Sept 2011\n21 Sept 2011–\n29 Feb 2012\nA2011-28 amendments by\nA2011-28\n1 Mar 2012\n1 Mar 2012–\nA2011-48 amendments by\nA2011-48\n14 June 2013–\n9 Dec 2013\nA2013-20 amendments by\nA2013-20\n10 Dec 2013\n10 Dec 2013–\n5 Jan 2014\nA2013-50 amendments by\nA2013-50\n6 Jan 2014\n6 Jan 2014–\n16 Nov 2014\nA2013-50 amendments by\nA2013-50\n17 Nov 2014\n17 Nov 2014–\n2 Mar 2015\nA2014-49 amendments by\nA2014-49\n3 Mar 2015\n3 Mar 2015–\n1 Oct 2015\nA2015-3 amendments by\nA2015-3\n2 Oct 2015\n2 Oct 2015–\nA2015-36 amendments by\nA2015-36\n\nfor\n4 May 2016–\n22 Oct 2018\nA2015-40 amendments by\nA2015-40\n23 Oct 2018\n23 Oct 2018–\n18 Sept 2024\nA2018-33 amendments by\nA2018-33","sortOrder":136}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":891},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose of regulating forensic procedures and DNA database management. While it has been amended 28 times since 2000, these amendments appear to be refinements and expansions within the original scope — adding protections for Aboriginal and Torres Strait Islander people, transgender and intersex people, clarifying procedures for serious offenders, and updating database management — rather than mission creep into unrelated areas."},"complexity_factors":["Multiple overlapping consent and authorisation pathways depending on custody status, age, and capacity (Table 18 spans 3 pages with conditional logic)","47 defined terms in the dictionary plus numerous signpost definitions","Nested exceptions: children and incapable persons excluded from consent-based procedures, requiring court orders instead","Complex matrix of permissible DNA database matching in s 97 (8×8 table with 'yes'/'only if within purpose' conditions)","Interim orders procedure (Division 2.5.3) with separate hearing requirements and evidence preservation rules","Transgender and intersex provisions (s 49B) with 9 subsections of conditional gender identification rules","Multiple destruction timelines: automatic after 1 year for suspects (s 98A), after agreed retention for volunteers, after conviction quashed for serious offenders","Cross-references to Criminal Code, Evidence Act, Magistrates Court Act, and interstate enforcement arrangements"],"plain_english_summary":"This ACT law sets out when and how police can take **forensic samples** (like DNA, fingerprints, blood, or photographs) from people for criminal investigations.\n\n**Who it applies to:**\n- **Suspects** — people police reasonably believe committed an offence\n- **Serious offenders** — people convicted of crimes punishable by more than 12 months imprisonment\n- **Volunteers** — people who agree to give samples (for example, to help identify missing persons)\n- **Children and incapable adults** — special rules apply; they cannot consent and need court orders\n\n**Two types of procedures:**\n- **Intimate** — blood tests, genital/anal examinations, dental impressions, pubic hair samples (more invasive)\n- **Non-intimate** — fingerprints, hair (not pubic), saliva, photos of non-intimate body parts\n\n**How samples can be taken:**\n| Situation | What's allowed |\n|-----------|---------------|\n| Adult suspect, not in custody | Consent only for both types; court order needed if they refuse |\n| Adult suspect, in custody | Consent for both; police can order non-intimate without consent; court order needed for intimate |\n| Child or incapable person | Court order required for all procedures |\n\n**Key protections:**\n- Police must ask if someone is **Aboriginal or Torres Strait Islander** before requesting consent — if yes, an **interview friend** must be present (unless waived)\n- **Informed consent** required — people must be told why the sample is needed, their right to refuse, and what happens if they refuse\n- **Independent observers** — lawyers, doctors, or interview friends can be present\n- **Video recording** required for most procedures\n- **Same-sex operators** preferred where practicable\n- **Transgender and intersex people** can elect to be treated as male or female\n\n**The ACT DNA database:**\n- Creates a database with multiple indexes: crime scene, suspects, serious offenders, missing persons, unknown deceased, and volunteers\n- Strict rules on **which indexes can be matched** — for example, volunteer samples for limited purposes can only be matched for those specific purposes\n- **Automatic deletion** — suspect DNA must be removed after 1 year unless proceedings are ongoing or a warrant is issued\n\n**When evidence can be excluded:**\nIf police break the rules (like failing to get proper consent or not following procedure), the evidence may be **inadmissible in court** unless a judge decides it should be admitted anyway.\n\n**Destruction of samples:**\nPeople can apply to have their DNA destroyed after 1 year if no proceedings are ongoing. Samples must also be destroyed if convictions are quashed or if related evidence is ruled inadmissible."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/crimes-forensic-procedures-act-2000","history":"/api/acts/crimes-forensic-procedures-act-2000/history","analysis":"/api/acts/crimes-forensic-procedures-act-2000/analysis","conflicts":"/api/acts/crimes-forensic-procedures-act-2000/conflicts","importantCases":"/api/acts/crimes-forensic-procedures-act-2000/important-cases","documents":"/api/acts/crimes-forensic-procedures-act-2000/documents"}}