Crimes (Forensic Procedures) Regulation 2000

This regulation is the Crimes (Forensic Procedures) Regulation 2000.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

For the Act, section 13, a person mentioned in an item in schedule 1 is qualified to carry out a forensic procedure mentioned in the item.

A person may access information on the ACT DNA database for the purpose of, and in accordance with, an arrangement entered into under the Act, section 102 (Database information) for the provision of access to information on the database by an authorised person.

A person may disclose information on the ACT DNA database—

for the purpose of forensic comparison by an authorised person in the course of—

a criminal investigation; or

an investigation by a police officer relating to a missing or dead person; or

for the purpose of, and in accordance with, an arrangement entered into under the Act, section 102 for the provision of access to information on the database by an authorised person.

In this section:

authorised person means a person who—

is engaged or employed by a forensic laboratory that is accredited with the National Association of Testing Authorities of Australia; and

in that capacity, provides forensic services to law enforcement officers of the Territory, the Commonwealth or a State.

The following laws are declared to be corresponding laws:

the Crimes Act 1914 (Cwlth);

the Crimes (Forensic Procedures) Act 2000 (NSW);

the Crimes Act 1958 (Vic), part 3, division 1, subdivision 30A;

the Police Powers and Responsibilities Act 2000 (Qld), chapter 8;

the Criminal Investigation (Identifying People) Act 2002 (WA);

the Criminal Law (Forensic Procedures) Act 2007 (SA);

the Forensic Procedures Act 2000 (Tas);

the Juvenile Justice Act 1983 (NT), sections 31, 31A, 31B, 51 and 70B;

the Police Administration Act 1978 (NT), part 7, division 7.

Without limiting subsection (1), the provisions of corresponding laws mentioned in an item in schedule 2 are taken to substantially correspond to the provision of the Act mentioned in the item.

Schedule 1 Appropriately qualified persons

(see s 4)

column 1

item

column 2

forensic procedure

column 3

appropriately qualified people for procedure

1

external examination of—

2

taking sample of saliva or sample by buccal swab

3

taking photograph or video recording of, or impression or cast of, wound from—

4

external examination of part of body (other than—

that requires touching of body or removal of clothing

5

taking sample of hair (other than pubic hair)

6

taking sample from nail or from under nail

7

taking sample by swab or washing from any external part of body (other than—

8

taking sample by vacuum suction, scraping or lifting by tape from any external part of body (other than—

9

taking handprint, fingerprint, footprint or toeprint

10

taking photograph or video recording of, or impression or cast of wound from, external part of body (other than—

for a photograph

for an impression or cast of a wound

Note People mentioned in col 3 as appropriately qualified for the applicable procedure are additional to those mentioned in the Act, s 53.

Schedule 2 Corresponding provisions

(see s 5)

column 1

item

column 2

ACT Act provision

column 3

corresponding

provisions

1

part 2.3 (Forensic procedures by consent of suspect)

• Crimes Act 1914 (Cwlth), part 1D, division 3

• Crimes (Forensic Procedures) Act 2000 (NSW), part 3

• Forensic Procedures Act 2000 (Tas), part 2, divisions 1 and 2

2

part 2.4 (Non-intimate forensic procedures on suspect by order of a police officer)

• Crimes Act 1914 (Cwlth), part 1D, division 4

• Crimes (Forensic Procedures) Act 2000 (NSW), part 4

• Forensic Procedures Act 2000 (Tas), part 2, divisions 1 and 3

3

part 2.5 (Forensic procedures on suspect by order of a magistrate)

• Crimes Act 1914 (Cwlth), part 1D, division 5

• Crimes (Forensic Procedures) Act 2000 (NSW), part 5

• Forensic Procedures Act 2000 (Tas), part 2, divisions 1, 4 and 5

4

part 2.6 (Carrying out forensic procedures)

• Crimes Act 1914 (Cwlth), part 1D, division 6

• Crimes (Forensic Procedures) Act 2000 (NSW), part 6

• Forensic Procedures Act 2000 (Tas), part 5

5

part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders)

• Crimes Act 1914 (Cwlth), part 1D, division 6A

• Crimes (Forensic Procedures) Act 2000 (NSW), part 7

• Forensic Procedures Act 2000 (Tas), part 3

6

part 2.8 (Carrying out of forensic procedures on volunteers and certain other people)

• Crimes Act 1914 (Cwlth), part 1D, division 6B

• Crimes (Forensic Procedures) Act 2000 (NSW), part 8

• Forensic Procedures Act 2000 (Tas), part 4

7

part 2.9 (Admissibility of evidence)

• Crimes Act 1914 (Cwlth), part 1D, division 7

• Crimes (Forensic Procedures) Act 2000 (NSW), part 9

• Forensic Procedures Act 2000 (Tas), part 6

8

part 2.10 (Destruction of forensic material)

• Crimes Act 1914 (Cwlth), part 1D, division 8

• Crimes (Forensic Procedures) Act 2000 (NSW), part 10

• Forensic Procedures Act 2000 (Tas), part 7

9

part 2.11 (ACT DNA database)

• Crimes Act 1914 (Cwlth), part 1D, division 8A

• Crimes (Forensic Procedures) Act 2000 (NSW), part 11

• Forensic Procedures Act 2000 (Tas), part 8

10

part 2.13 (Interstate enforcement)

• Crimes Act 1914 (Cwlth), part 1D, division 11

• Crimes (Forensic Procedures) Act 2000 (NSW), part 12

• Forensic Procedures Act 2000 (Tas), part 9, division 1

11

section 80 (3) (c) (Informed consent of volunteer or parent or guardian of volunteer)

• Crimes Act 1914 (Cwlth), section 23XWR (1) (c)

• Crimes (Forensic Procedures) Act 2000 (NSW), section 77 (1) (c)

• Forensic Procedures Act 2000 (Tas), section 30 (b)

Dictionary

(see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

• Commonwealth

• doctor

• intersex person (see s 169B)

• police officer

• State

• the Territory

• transgender person (see s 169A (1) and (2)).

Note 3 Terms used in this regulation have the same meaning that they have in the Crimes (Forensic Procedures) Act 2000 (see Legislation Act, s 148). For example, the following terms are defined in the Crimes (Forensic Procedures) Act 2000, dict:

• ACT DNA database (see s 94A)

• appropriately qualified person (see s 13)

• forensic procedure (see s 5).

forensic scientist means a person engaged (whether as an employee or otherwise) in that capacity by—

the Australian Federal Police; or

the police force or police service of a State.

forensic technician means a person engaged (whether as an employee or otherwise) in that capacity by—

the Australian Federal Police; or

the police force or police service of a State.