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reg 4

Qualified persons (s. 52)

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4 Qualified persons (s. 52)

(1)

For the definition of qualified person in section 52 of the Act, a person is qualified to do any non‑intimate identifying procedure if the person is —

(a)

a forensic scientist approved under subregulation (3); or

(b)

a forensic technician approved under subregulation (3); or

(c)

a police officer who has satisfactorily completed a course of training approved for this paragraph under subregulation (3); or

(d)

a fisheries officer appointed under section 11 of the Fish Resources Management Act 1994 who has satisfactorily completed a course of training approved for this paragraph under subregulation (3).

(2)

For the definition of qualified person in section 52 of the Act, a person is qualified to do the intimate identifying procedure of taking a sample of blood if —

(a)

the person is a police officer who has satisfactorily completed a course of training approved for this paragraph under subregulation (3); and

(b)

the sample is to be taken by means of a lancet or a finger blood sampling device.

(2a)

For the definition of qualified person in section 52 of the Act, a person is qualified to do the intimate identifying procedure of photographing an identifying feature of a person on his or her private parts if the person is a police officer who has satisfactorily completed a course of training approved for this subregulation under subregulation (3).

(3)

The Commissioner may by notice published in the Gazette —

(a)

approve a person as a forensic scientist for subregulation (1)(a) or as a forensic technician for subregulation (1)(b); or

(b)

approve a course of training for subregulation (1)(c) or (d), (2)(a) or (2a); or

(c)

amend or revoke a notice under paragraph (a) or (b).

(4)

In this regulation —

police officer means a person appointed under Part I or IIIA of the Police Act 1892.

[Regulation 4 amended: Gazette 19 Nov 2002 p. 5507‑8; 27 Jun 2006 p. 2305.]

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