Crimes Amendment Regulations 1998 (No. 2) (Cth)

Crimes Amendment Regulations 1998 (No. 2)

Statutory Rules 1998No. 361

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under theCrimes Act 1914.

Dated 17 December 1998.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

amanda vanstone

Minister for Justice and Customs

Crimes Amendment Regulations 1998 (No. 2)1

Statutory Rules 1998No. 3612

made under the

Crimes Act 1914

   

Contents

Page

• •
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1Name of regulations

 These regulations are the Crimes Amendment Regulations 1998 (No. 2).

2Commencement

 These regulations commence on 24 January 1999.

3Amendment of Crimes Regulations

 Schedule 1 amends the Crimes Regulations.

Schedule 1Amendment of Crimes Regulations

(regulation 3)

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[1]Regulation 1

substitute

1Name of regulations

 These regulations are the Crimes Regulations 1990.

[2]After regulation 6A

insert

6BAppropriately qualified persons

• (1)

  For paragraph (b) of the definition of appropriately qualified in section 23WA of the Act, a person mentioned in an item in Schedule 3B is qualified to carry out the forensic procedure mentioned in that item.

• (2)

  In Schedule 3B, a reference to a forensic scientist or forensic technician is a reference to a person engaged (whether as an employee or otherwise) in that capacity by:

  • (a)

    the Australian Federal Police; or

  • (b)

    the police force or police service of a State or Territory.

[3]After Schedule 3A

insert

Schedule 3BAppropriately qualified persons

(regulation 6A)

Item	Forensic procedure	Qualified person
1	external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts	forensic scientist forensic technician
2	taking of a sample of blood	forensic scientist forensic technician for a fingerprick only: constable
3	taking of a sample of saliva, or a sample by buccal swab	forensic scientist forensic technician constable
4	taking of a sample of pubic hair	forensic scientist forensic technician
5	taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts	forensic scientist forensic technician
6	taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts	forensic scientist forensic technician
7	taking of a photograph of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female, the breasts	medical practitioner forensic scientist forensic technician
8	external examination of a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts, that requires touching of the body or removal of clothing	forensic scientist forensic technician constable
9	taking of a sample of hair other than pubic hair	forensic scientist forensic technician
10	taking of a sample from a nail or from under a nail	forensic scientist forensic technician
11	taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts	forensic scientist forensic technician
12	taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts	forensic scientist forensic technician
13	taking of a photograph of, or an impression or cast of a wound from, an external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts	for a photograph: constable medical practitioner forensic scientist forensic technician for an impression or cast of a wound: medical practitioner forensic scientist forensic technician

Notes

1. These regulations amend Statutory Rules 1990 No. 227, as amended by 1991 Nos. 235 and 258; 1992 Nos. 91 and 276; 1994 No. 297; 1995 No. 23; 1996 Nos. 7, 125, 228 and 264; 1997 No. 14; 1998 No. 68.

2. Made by the Governor-General on 17 December 1998, and notified in the Commonwealth of Australia Gazette