464ZFAA

Notice to attend for forensic procedure

In force

S. 464ZFAA inserted by No. 16/2002 s. 11.

S. 464ZFAA(1) amended by No. 37/2014 s. 10(Sch. item 36.35(a)).

(1)

If a senior police officer is satisfied that—

(a)

an order under section 464ZF(2) in respect of a person was made—

(i)

before the commencement of section 11 of the Crimes (DNA Database) Act 2002; or

(ii)

when the person was a detained or protected person and within the period of 6 months immediately preceding the serving of the notice the person ceased to be a detained or protected person; and

(b)

the order has not been executed; and

(c)

the period referred to in section 464ZF(6) during which the order must not be executed has expired—

the senior police officer may serve on the person a notice in accordance with subsections (2) and (3).

(2)

A notice must direct the person to attend at a police station specified in the notice within 28 days after service of the notice to undergo the forensic procedure ordered by the court and must state—

(a)

the date on which the order under section 464ZF(2) was made;

(b)

the court which made the order;

(c)

that the person has not undergone the forensic procedure;

(d)

that if the person fails to comply with the notice, application for a warrant to arrest the person may be made without further notice to the person;

(e)

that the person may wish to seek legal advice as to the effect of the notice;

S. 464ZFAA (2)(f) amended by No. 37/2014 s. 10(Sch. item 36.35(b)).

(f)

the name, rank and telephone number of the senior police officer serving the notice.

(3)

A copy of the order under section 464ZF(2) must be attached to and served with the notice.

(4)

A notice may be served on a person by—

(a)

delivering a true copy of the notice to the person personally; or

(b)

leaving a true copy of the notice for the person at the person's last or most usual place of residence or business with a person who apparently resides or works there and who is apparently not less than 16 years of age; or

(c)

posting the notice to the person at their last known place of residence or business.

(5)

If a notice is served by post in accordance with subsection (4)(c), evidence of service must state the manner of ascertainment of the address to which the notice was posted and the time and place of posting.

S. 464ZFAA(6) amended by No. 37/2014 s. 10(Sch. item 36.35(c)).

(6)

If a person does not comply with a notice served under this section, a police officer may apply to a magistrate or a registrar of the Magistrates' Court for a warrant under subsection (7).

S. 464ZFAA(7) amended by No. 6/2018 s. 68(Sch. 2 item 35.10).

(7)

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—

(a)

a notice was served on a person in accordance with this section; and

(b)

the person has not undergone the forensic procedure—

the magistrate or registrar may issue a warrant authorising the person to whom it is directed, if necessary—

(c)

to break, enter and search by day or by night any place where the person named in the warrant is suspected to be; and

(d)

to arrest the person; and

(e)

to detain the person for as long as reasonably permits the conduct of the forensic procedure.

(8)

Section 464ZFA(2), (3), (4), (5), (6) and (7) apply to a warrant issued under subsection (7) as if it were a warrant issued under section 464ZFA(1B).

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