Crimes Act 1958

In this section—

If a senior police officer authorisation for a DNA profile sample to be taken from a relevant person is given, a notice to attend must be attached to the authorisation and served on the person, that requires the person to attend a police station specified in the notice to have the DNA profile sample taken, within 28 days after the expiry of the period referred to in section 464ZFAC(3) or (4) (as the case requires) or the date of service of the notice (whichever is the later).

A notice under subsection (2) must state—

the date on which the senior police officer authorisation was given; and

the kind of DNA profile sample that is to be taken from the person; and

the name, rank and telephone number of the senior police officer who gave the senior police officer authorisation; and

the Chief Commissioner of Police does not have a sample from the person that may be retained indefinitely; and

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

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

the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and

that a police officer may use reasonable force to enable the sample to be taken.

A notice under subsection (2) must be served in accordance with section 464ZFAA(4) and (5).

Section 464ZFAA(6), (7) and (8) apply to a notice served under subsection (2) as if it were a notice served under that section.

If a notice under subsection (2) is not served within the period referred to in section 464ZFAC(2)(b), a police officer may, within 28 days of the expiry of that period, apply to a magistrate or registrar of the Magistrates' Court for a warrant under subsection (7).

On an application referred to in subsection (6) being made a magistrate or a registrar may, if satisfied by evidence on oath or by affidavit that the notice was not served on the relevant person, 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 relevant person named in the warrant is suspected to be; and

to arrest the relevant person; and

to detain the relevant person for as long as reasonably permits for the DNA profile sample to be taken.

A magistrate or a registrar must not issue a warrant under subsection (7) unless satisfied by evidence on oath or by affidavit that—

reasonable attempts have been made to serve the notice on the relevant person; and

the DNA profile sample has not been taken from the relevant person.

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).

A senior police officer, on request from a police officer, may authorise the taking of a DNA profile sample from a person if the senior police officer is satisfied that—

a sample for the purpose of deriving a DNA profile was previously taken from the person—

in accordance with an order made by a court under section 464T, 464U, 464V, 464ZF or 464ZFAAA; or

in accordance with section 464SC, an authorisation given under section 464SE, a direction given under section 464ZFAB or a senior police officer authorisation; and

a forensic scientist has not derived a DNA profile from the sample taken from the person.

A senior police officer may serve, or may cause to be served, a notice on a person referred to in subsection (1) directing the person to attend at a police station specified in the notice within 28 days after service of the notice to take a DNA profile sample.

A notice under subsection (2) must state—

the date on which the senior police officer authorisation was given; and

the kind of DNA profile sample that is to be taken from the person; and

the name, rank and telephone number of the senior police officer who gave the authorisation; and

that the Chief Commissioner of Police does not have a DNA profile of the person; and

that a DNA profile was not able to be derived by a forensic scientist from the sample given by the person—

in accordance with an order made by a court under section 464T, 464U, 464V, 464ZF or 464ZFAAA; or

in accordance with section 464SC, an authorisation given under section 464SE, a direction given under section 464ZFAB or a senior police officer authorisation; and

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; and

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

the name, rank and telephone number of the police officer serving the notice or causing the notice to be served; and

that a police officer may use reasonable force to enable the DNA profile sample to be taken.

A notice under subsection (2) must be served by delivering a true copy of the notice to the person personally.

Section 464ZFAA(6), (7) and (8) apply to a notice served under subsection (2) as if it were a notice served under that section.