464YCaution before forensic procedure or taking of a DNA profile sample

464Y Caution before forensic procedure or taking of a DNA profile sample

S. 464Y(1) amended by Nos 23/1994 s. 118(Sch. 1 item 15.7), 81/1997
s. 20(a)(b), 27/2006 s. 5, 13/2010 s. 51(Sch. item 17.5), 37/2014 s. 10(Sch. item 36.31), 3/2019 s. 56(2).

(1) Immediately before a DNA profile sample is taken in accordance with section 464SC, 464SE, 464ZFAC or 464ZFAE or a forensic procedure is conducted in accordance with sections 464R to 464ZA or section 464ZF or 464ZFAAA (as the case may be), a police officer must inform the person on whom the procedure is to be conducted that he or she does not have to answer any questions asked by the registered medical practitioner, nurse, midwife or other person taking the sample or conducting the procedure but that anything the person does say may be given in evidence.

S. 464Y(2) amended by No. 37/2014 s. 10(Sch. item 36.31).

(2) A police officer who informs a person of the matters in subsection (1)—

S. 464Y(2)(a) amended by No. 27/2006 s. 17(21)(a).

(a) must record the giving of the information and the person's responses, if any, by audio recording or audiovisual recording or in writing signed by the person or, if the person refuses to sign, by an independent person, if present; and

S. 464Y(2)(b) amended by No. 3/2019 s. 56(3).

(b) must give or send by registered post to the person or his or her legal practitioner or the parent or guardian of a DNA person who is a child if the child's legal practitioner is not known, without charge—

S. 464Y(2)(b)(i) amended by No. 27/2006 s. 17(21)(b).

(i) if the giving of the information and the responses are recorded by audio recording or audiovisual recording, a copy of the recording as soon as practicable but not more than 7 days after the information is given, and, if a transcript of the recording is prepared, a copy of the transcript as soon as practicable; and

(ii) if the giving of the information and the responses are recorded in writing, a copy of the record forthwith.

S. 464Z inserted by No. 84/1989 s. 5, substituted by No. 129/1993 s. 7.