19September 2024. It also includes any commencement, amendment, repeal or expiry affecting

19 September 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 September 2024. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). contents 1 Page 1 Name of Act 1 3 Dictionary 1 4 Notes 1 4A Offences against Act—application of Criminal Code etc 2 5 Forensic material and forensic procedures 3 6 What is an intimate forensic procedure? 4 7 What is a non-intimate forensic procedure? 4 8 Meaning of suspect 5 Page contents 2 Crimes (Forensic Procedures) Act 2000 9 Meaning of serious offence and serious offender 6 10 Meaning of volunteer 6 11 Meaning of investigating police officer 6 12 Meaning of authorised applicant 7 13 Meaning of appropriately qualified person 7 14 Meaning of child and parent of a child 7 14A Meaning of close associate 7 15 Meaning of incapable person 9 16 Interview friend 9 17 Police officer to ask if person is Aboriginal or Torres Strait Islander person 10 Part 2.2 Circumstances in which forensic procedures on suspects may be authorised 18 How forensic procedures may be authorised in different circumstances 11 19 Forensic procedure may be carried out with informed consent of suspect 13 20 People who cannot consent to forensic procedures 13 21 Informed consent of suspect to forensic procedure 13 22 Police officer may request suspect to consent to forensic procedure 14 23 Matters to be considered by police officer before requesting consent to forensic procedure 14 24 Matters that suspect must be informed of before giving consent 16 24A Aboriginal or Torres Strait Islander suspects 19 25 Withdrawal of suspect’s consent 20 26 Recording of giving of information and consent 20 Part 2.4 Non-intimate forensic procedures on suspect by order of police officer 27 Non-intimate forensic procedure may be carried out by order of police officer 22 28 Circumstances in which police officer may order non-intimate forensic procedure 22 Page contents 3 29 Matters to be considered by police officer before ordering forensic procedure 22 30 Record of police officer’s order 24 Part 2.5 Forensic procedures on suspect by order of 31 Forensic procedure may be carried out by order of magistrate 26 32 Circumstances in which magistrate may order forensic procedure 26 33 Final order for carrying out of forensic procedure 27 34 Matters to be considered by magistrate before ordering forensic procedure 27 35 Application for order 29 36 Securing the presence of suspects at hearings—suspect in custody 30 37 Securing the presence of suspects at hearings—suspect not in custody 30 38 Procedure at hearing of application for order 31 39 Action to be taken on making of orders 32 40 Suspect in custody may be kept in custody for carrying out forensic procedure 33 40A Magistrate may order arrest etc of suspect not in custody for carrying out forensic procedure 33 40B Arrest, removal and detention of suspect 34 40C Arrest and removal order—warrant to enter premises 35 40D Warrant to enter premises—announcement before entry and copy of warrant 36 41 Interim order for immediate carrying out of forensic procedure 37 42 Applications for interim orders 38 43 Procedure at hearing of application for interim order 39 44 Action to be taken on making of interim orders 40 45 Records of applications and interim orders 40 46 Suspect may be prevented from destroying or contaminating evidence 41 47 Results of forensic procedures carried out under interim order 41 Page contents 4 Crimes (Forensic Procedures) Act 2000 48 Restrictions on publication 42 48A Meaning of relevant person—pt 2.6 43 49 General rules for carrying out forensic procedures 43 49A Rules for carrying out forensic procedures—giving and recording information 44 49B Rules for carrying out forensic procedures—transgender and intersex people 45 50 Use of force in carrying out forensic procedures 46 51 Forensic procedures not to be carried out in cruel, inhuman or degrading way 46 52 Taking samples of hair 46 53 People who may carry out forensic procedures 47 54 Sex of person carrying out or helping carry out forensic procedures 52 55 Person may get help to carry out forensic procedure 53 Division 2.6.3 Presence of other people while forensic procedure is 56 Doctor or dentist of person’s choice may be present for most forensic procedures 54 57 Presence of interview friend or lawyer while forensic procedure is carried out 55 58 Presence of police officers while forensic procedure is carried out 56 Division 2.6.4 Recording of carrying out of forensic procedure 59 Recording of forensic procedure 57 60 Samples 58 61 Photographs or video recordings 59 62 Results of analysis 59 63 Preventing the carrying out of forensic procedure 60 Page contents 5 Part 2.7 Carrying out of certain forensic procedures after conviction of serious offenders 64 Forensic procedures to which pt 2.7 applies 61 65 Non–intimate forensic procedures authorised to be carried out 61 66 Intimate forensic procedures authorised to be carried out 62 67 Forensic procedures to be in accordance with pt 2.6 62 68 Scope of authorisation 62 69 Informed consent of serious offender to forensic procedure 62 70 Police officer may request serious offender to consent to forensic procedure 63 71 Matters to be considered by police officer before requesting consent to forensic procedure 63 72 Matters that serious offender must be informed of before giving consent 64 73 Circumstances in which police officer may order non-intimate forensic procedure 66 74 Matters to be considered by police officer 66 75 Recording of giving of information and consent 67 76 Record of police officer’s order 67 77 Court order for carrying out of forensic procedure on serious offender 68 77A Securing the presence of serious offender at hearing—offender in custody 69 77B Securing the presence of serious offender at hearing—offender not in custody 70 77C Procedure at hearing of application for order 71 78 Carrying out of forensic procedure following conviction 72 Part 2.8 Carrying out of forensic procedures on volunteers and certain other people 79 Carrying out of forensic procedures on volunteers 74 80 Informed consent of volunteer or parent, guardian or close associate of volunteer 75 80A Consent to retention of forensic material taken etc 77 81 Recording of giving of information etc 78 82 Withdrawal of consent or end of agreed retention period 79 Page contents 6 Crimes (Forensic Procedures) Act 2000 83 Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person 80 84 Retention of forensic material etc by order of magistrate 82 84A Certain volunteers—information about matching of DNA profile 83 84B Who may analyse forensic material? 84 85 Inadmissibility of evidence from improper forensic procedures etc 85 86 Inadmissibility of evidence if forensic material required to be destroyed 87 87 Admissibility of evidence relating to consent to forensic procedures 87 88 Admissibility of evidence relating to carrying out of forensic procedures 87 89 Obstructing etc the carrying out of forensic procedure 88 90 Destruction of certain forensic material obtained by court order 90 91 Destruction of forensic material taken from serious offender after conviction quashed 91 92 Application for destruction of forensic material after 1 year 91 93 Destruction of forensic material if related evidence is inadmissible 92 94 Definitions—Act 93 94A ACT DNA database 97 95 Supply of forensic material for prohibited analysis etc 97 96 Use of information on ACT DNA database 99 97 Permissible matching of DNA profiles 100 98 Recording, retention and removal of identifying information on ACT DNA database 105 98A Removal of identifying information about suspects after 1 year 108 Part 2.12 Operation of Act and effect on other laws 99 Application of other Acts 110 Page contents 7 100 Definitions relating to interstate enforcement 111 101 Registration of orders 112 102 Database information 112 103 Powers of lawyers and interview friends 115 104 Obligation of investigating police officers relating to electronic recordings 116 105 Material required to be made available to suspect, serious offender or volunteer 117 106 Suspect, serious offender or volunteer not to be charged for material or viewing video 118 107 Proof of belief 118 108 Proof of impracticability 118 109 Liability for forensic procedures 118 110 Experts not obliged to carry out forensic procedures 119 111 Disclosure of information 119 112 Taking, retention and use of forensic material in accordance with another law 121 113 Retention of electronic recordings 122 Chapter 3 Miscellaneous 114 Delegation by chief police officer 123 115 Regulation-making power 123 116 Forensic procedures under pt 2.7 124 117 Forensic material taken before commencement 124 Page contents 8 Crimes (Forensic Procedures) Act 2000 Dictionary 125 1 About the endnotes 130 2 Abbreviation key 130 3 Legislation history 131 4 Amendment history 136 5 Earlier republications 144 contents 1 An Act about forensic procedures and other matters Preliminary Chapter 1