117Forensic material taken before commencement

117 Forensic material taken before commencement Forensic material taken before the commencement of this section in accordance with the law of the Territory or the Commonwealth or a State, and information obtained from it, may be retained or used in the ACT for investigative, evidentiary or statistical purposes even if its retention or use would be, apart from this section, a breach of, or failure to comply with, any provision of this Act relating to the carrying out of forensic procedures. (see s 3) Note 1 The Legislation Act contains definitions and provisions that are relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: • adult • auditor-general (see s 163) • chief police officer • contravene • correctional centre • director of public prosecutions • domestic partner (see s 169) • entity (see s 184A) • function • health practitioner • human rights commissioner • information privacy commissioner • intersex person (see s 169B) • law, of the Territory • lawyer • magistrate • ombudsman • police officer • State • summary offence (see s 190) • territory law • transgender person (see s 169A) • under. Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or Torres Strait Islander person; and (b) identifies as an Aboriginal person or Torres Strait Islander ACT DNA database—see section 94A. agreed retention period—see section 80A (3). another participating jurisdiction—see section 100. appeal period, for an appeal to a court against an order, means the period stated by a territory law during which an appeal against the order may be made without the court’s leave. appropriate authority—see section 100. appropriately qualified person—see section 13. arrest and removal order—see section 40A. authorised applicant—see section 12. child—see section 14. close associate, for an incapable person—see section 14A. correctional centre includes a NSW correctional centre. Note Correctional centre and NSW correctional centre are defined in the Legislation Act, dict, pt 1. corrections health practitioner, for a correctional centre, means a health practitioner appointed under the Corrections Management Act 2007, section 22 (Health practitioners—non-therapeutic functions) for the centre. corresponding law—see section 100. crime scene index—see section 94. dental technician—see the Health Act 1993, dictionary. destroy—a person destroys forensic material taken from someone else by a forensic procedure, the results of the analysis of the material, or other information obtained from it, if the person destroys any means of identifying the forensic material or information with the person from whom it was taken or to whom it relates. DNA database—see section 100. DNA database system, for part 2.11 (ACT DNA database)—see section 94. forensic material—see section 5. forensic order means— (a) an order of a magistrate under section 33 (Final order for carrying out of forensic procedure); or (b) an interim order of a magistrate under section 41 (Interim order for immediate carrying out of forensic procedure); or (c) an order of a court under section 77 (Court order for carrying out of forensic procedure on serious offender) or section 78 (Carrying out of forensic procedure following conviction); or (d) an order of a magistrate under section 83 (Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person) or section 84 (Retention of forensic material etc by order of magistrate). forensic procedure—see section 5. incapable person—see section 15. in custody—a person is in custody if the person is in the lawful custody of a police officer. inform a person of a matter means inform the person of the matter, through an interpreter if necessary, in language (including sign language or braille) in which the person can communicate with reasonable fluency. informed consent— (a) for a suspect—see section 21 (Informed consent of suspect to forensic procedure); and (b) for a serious offender—see section 69 (Informed consent of serious offender to forensic procedure); and (c) for a volunteer or parent, guardian or close associate of a volunteer—see section 80 (Informed consent of volunteer or parent, guardian or close associate of volunteer). infringement notice means— (a) an infringement notice under the Road Transport (General) Act 1999; or (b) any other notice (however described) served on a person under a territory law that states to the effect that, if the person pays an amount in relation to an offence, no further action will be taken in relation to the offence. interview friend—see section 16. intimate forensic procedure—see section 6. investigating police officer—see section 11. jurisdiction—see section 100. missing persons index—see section 94. non-intimate forensic procedure—see section 7. offence means an offence against a law in force in the ACT. parent—see section 14. participating jurisdiction—see section 100. police station includes— (a) an ACT police station; and (b) any other building (or part of a building) occupied by the Australian Federal Police. relevant person, for part 2.6 (Carrying out forensic procedures)—see section 48A. responsible Minister—see section 100. responsible person, for the ACT DNA database, means the person responsible for the care, control and management of the database. sample, taken from a person, includes a sample taken from the person that consists of matter from someone else’s body. serious offence—see section 9. serious offender—see section 9. serious offenders index—see section 94. statistical index—see section 94. suspect—see section 8. suspects index—see section 94. telephone includes any telecommunications device. unknown deceased persons index—see section 94. volunteer—see section 10. volunteers (limited purposes) index—see section 94. volunteers (unlimited purposes) index—see section 94. warrant, for the apprehension of a person, includes a warrant issued under the Magistrates Court Act 1930, division 3.3.4 (Warrants) for the arrest or apprehension of the person. 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.