Crimes (Forensic Procedures) Act 2000 (NSW)

Crimes (Forensic Procedures) Act 2000 No 59

An Act to make provision with respect to the powers to carry out forensic procedures on certain persons and to make provision with respect to a DNA database system; to make a related amendment to the Justices Act 1902 and consequential amendments to the Crimes Act 1900; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Crimes (Forensic Procedures) Act 2000.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2). (2) Section 121 commences on the date of assent.

3 Interpretation (1) Definitions In this Act— Aboriginal legal aid organisation means an organisation that provides legal assistance to Aboriginal persons or Torres Strait Islanders, being an organisation prescribed by the regulations for the purposes of this definition. adult means a person of or above 18 years of age. appropriately qualified, in relation to a person carrying out a forensic procedure—see section 4A. authorised applicant for an order for the carrying out of a forensic procedure on a suspect means— (a) the police officer in charge of a police station, or (b) a custody manager within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002, or (c) an investigating police officer in relation to an offence, or (d) the Director of Public Prosecutions. authorised officer has the same meaning as it has in the Law Enforcement (Powers and Responsibilities) Act 2002. child means a person who is at least 10 years of age but under 18 years of age. correctional centre medical officer, in relation to a correctional centre or other place of detention, means any person appointed or acting as medical officer for the correctional centre or other place of detention. corresponding law is defined in section 95. crime scene index is defined in section 90. destroy is explained in subsection (5). DNA database system is defined in section 90. excluded volunteer is defined in section 76A. exercise a function includes perform a duty. forensic material means— (a) samples, or (b) hand prints, finger prints, foot prints or toe prints, or (c) photographs, or (d) casts or impressions, taken from or of a person's body. forensic procedure means— (a) an intimate forensic procedure, or (b) a non-intimate forensic procedure, (c) (Repealed) but does not include— (d) any intrusion into a person's body cavities except the mouth, or (e) the taking of any sample for the sole purpose of establishing the identity of the person from whom the sample is taken.