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.