Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
464ZFA Warrants issued for forensic procedures under section 464ZF or 464ZFAAA
S. 464ZFA (Heading) inserted by No. 27/2006 s. 10(1).
S. 464ZFA inserted by No. 81/1997 s. 25.
S. 464ZFA(1) substituted by No. 27/2006 s. 10(2), amended by No. 48/2006 s. 42(Sch. item 9.3).
If—
S. 464ZFA (1)(a) amended by Nos 26/2014 s. 455(Sch. item 7.5), 32/2024 s. 1032.
before a court makes an order under section 464ZF(3) directing a person to undergo a forensic procedure, that person has been released from the prison, police gaol, youth justice custodial centre or designated mental health service where the person was serving a term of imprisonment or a period of detention at the time the application for the order was made; or
a person fails to attend the hearing of an application under section 464ZFAAA(2) for an order directing the person to undergo a forensic procedure—
the court may issue a warrant authorising the person to whom it is directed, if necessary—
to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and
to arrest the person; and
to bring the person before the court for the hearing of the application; and
if that application is granted, to detain the person for as long as reasonably permits the conduct of the forensic procedure.
S. 464ZFA(1A) inserted by No. 16/2002 s. 12(1), amended by Nos 27/2006 s. 10(3), 20/2011 s. 5(1), 37/2014 s. 10(Sch. item 36.36(a)).
If a court makes an order under section 464ZF(2) or 464ZFAAA(2) directing a person to undergo a forensic procedure and the person does not comply with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), as the case may be, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (1B).
S. 464ZFA(1B) inserted by No. 16/2002 s. 12(1), amended by Nos 27/2006 s. 10(4), 6/2018 s. 68(Sch. 2 item 35.10).
If a magistrate or a registrar to whom such an application is made is satisfied by evidence on oath or by affirmation or affidavit that the person has not complied with a direction referred to in section 464ZF(2A) or 464ZFAAA(9), the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary—
to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and
to arrest the person; and
to detain the person for as long as reasonably permits the conduct of the forensic procedure.
S. 464ZFA(2) amended by No. 16/2002 s. 12(2)(a).
A warrant issued under subsection (1) or (1B) may be directed to—
S. 464ZFA (2)(a) amended by No. 37/2014 s. 10(Sch. item 36.36 (b)(i)).
a named police officer; or
S. 464ZFA (2)(b) amended by No. 37/2014 s. 10(Sch. item 36.36(b)(ii)).
generally all police officers.
S. 464FA(3) amended by Nos 16/2002 s. 12(2)(b), 37/2014 s. 10(Sch. item 36.36(c)).
A warrant issued under subsection (1) or (1B) directed to a named police officer may be executed by any police officer.
S. 464ZFA(4) amended by No. 16/2002 s. 12(2)(c)(i).
If a court issues a warrant under subsection (1) or a magistrate or registrar issues a warrant under subsection (1B), the court, magistrate or registrar must—
S. 464ZFA (4)(a) amended by No. 16/2002 s. 12(2)(c)(ii).
give reasons for the decision; and
cause a note of the reasons to be entered in the records of the court.
S. 464ZFA(5) amended by No. 16/2002 s. 12(2)(d)(i)(ii).
A failure of a court, magistrate or registrar to comply with subsection (4) does not invalidate any order made by the court, magistrate or registrar but constitutes non-compliance for the purposes of section 464ZE(1)(a).
S. 464ZFA(6) amended by No. 16/2002 s. 12(2)(e).
If a person is arrested under a warrant issued under subsection (1) or (1B), the warrant ceases to have effect immediately after the procedure is completed or on the expiration of a reasonable time (whichever is the earlier).
S. 464ZFA(7) inserted by No. 16/2002 s. 12(3), amended by No. 37/2014 s. 10(Sch. item 36.36(d)(i)).
A police officer who executes a warrant issued under subsection (1B) must, as soon as practicable after executing the warrant—
endorse the warrant to that effect; and
S. 464ZFA (7)(b) amended by No. 37/2014 s. 10(Sch. item 36.36(d)(ii)).
cause to be lodged with a registrar of the Magistrates' Court a report signed by the police officer and containing particulars of—
the date and time at which the person was arrested;
the date and time at which the person was released from custody;
the date, time and place at which the forensic procedure was conducted;
the name and position of the person who conducted the forensic procedure and every other person present;
the type of sample taken;
whether reasonable force was used to enable the forensic procedure to be conducted.
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