Crimes (Forensic Procedures) Act 2000 (ACT)

Crimes (Forensic Procedures) Act 2000

A2000-61

Republication No 28

Effective: 19 September 2024

Republication date: 19 September 2024

Last amendment made by A2024‑40

About this republication

The republished law

This is a republication of the Crimes (Forensic Procedures) Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 19 September 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 19 September 2024.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Crimes (Forensic Procedures) Act 2000

Contents

Page

Chapter 1  Preliminary
1            Name of Act  1
3            Dictionary  1
4            Notes  1
4AOffences against Act—application of Criminal Code etc 2
Chapter 2  Forensic procedures
Part 2.1    Preliminary
5            Forensic material and forensic procedures  3
6            What is an intimate forensic procedure?  4
7           What is a non-intimate forensic procedure?  4
8            Meaning of suspect  5
9            Meaning of serious offence and serious offender  6
10          Meaning of volunteer  6
11          Meaning of investigating police officer  6
12          Meaning of authorised applicant  7
13          Meaning of appropriately qualified person  7
14          Meaning of child and parent of a child  7
14A           Meaning of close associate  7
15          Meaning of incapable person  9
16          Interview friend  9
17          Police officer to ask if person is Aboriginal or Torres Strait Islander person 10
Part 2.2    Circumstances in which forensic procedures on suspects may be authorised
18          How forensic procedures may be authorised in different circumstances    11
Part 2.3    Forensic procedures by consent of suspect
19          Forensic procedure may be carried out with informed consent of suspect 13
20          People who cannot consent to forensic procedures  13
21          Informed consent of suspect to forensic procedure  13
22          Police officer may request suspect to consent to forensic procedure      14
23          Matters to be considered by police officer before requesting consent to forensic procedure     14
24          Matters that suspect must be informed of before giving consent           16
24A           Aboriginal or Torres Strait Islander suspects  19
25          Withdrawal of suspect’s consent  20
26          Recording of giving of information and consent  20
Part 2.4    Non-intimate forensic procedures on suspect by order of police officer
27          Non-intimate forensic procedure may be carried out by order of police officer 22
28          Circumstances in which police officer may order non‑intimate forensic procedure       22
29          Matters to be considered by police officer before ordering forensic procedure 22
30          Record of police officer’s order  24
Part 2.5    Forensic procedures on suspect by order of magistrate
Division 2.5.1              General
31          Forensic procedure may be carried out by order of magistrate             26
32          Circumstances in which magistrate may order forensic procedure         26
Division 2.5.2              Final orders
33          Final order for carrying out of forensic procedure  27
34          Matters to be considered by magistrate before ordering forensic procedure 27
35          Application for order  29
36          Securing the presence of suspects at hearings—suspect in custody      30
37          Securing the presence of suspects at hearings—suspect not in custody   30
38          Procedure at hearing of application for order  31
39          Action to be taken on making of orders  32
40          Suspect in custody may be kept in custody for carrying out forensic procedure 33
40A           Magistrate may order arrest etc of suspect not in custody for carrying out forensic procedure   33
40B           Arrest, removal and detention of suspect  34
40C           Arrest and removal order—warrant to enter premises  35
40D           Warrant to enter premises—announcement before entry and copy of warrant   36
Division 2.5.3              Interim orders
41          Interim order for immediate carrying out of forensic procedure             37
42          Applications for interim orders  38
43          Procedure at hearing of application for interim order  39
44          Action to be taken on making of interim orders  40
45          Records of applications and interim orders  40
46          Suspect may be prevented from destroying or contaminating evidence    41
47          Results of forensic procedures carried out under interim order             41
Division 2.5.4              Reports of proceedings under pt 2.5
48          Restrictions on publication  42
Part 2.6    Carrying out forensic procedures
Division 2.6.1              General provisions
48A           Meaning of relevant person—pt 2.6  43
49          General rules for carrying out forensic procedures  43
49A           Rules for carrying out forensic procedures—giving and recording information 44
49B           Rules for carrying out forensic procedures—transgender and intersex people 45
50          Use of force in carrying out forensic procedures  46
51          Forensic procedures not to be carried out in cruel, inhuman or degrading way 46
52          Taking samples of hair  46
Division 2.6.2              People involved in forensic procedures
53          People who may carry out forensic procedures  47
54          Sex of person carrying out or helping carry out forensic procedures       52
55          Person may get help to carry out forensic procedure  53
Division 2.6.3              Presence of other people while forensic procedure is carried out
56          Doctor or dentist of person’s choice may be present for most forensic procedures      54
57          Presence of interview friend or lawyer while forensic procedure is carried out   55
58          Presence of police officers while forensic procedure is carried out        56
Division 2.6.4              Recording of carrying out of forensic procedure
59          Recording of forensic procedure  57
Division 2.6.5              Procedure after forensic procedure is carried out
60          Samples  58
61          Photographs or video recordings  59
62          Results of analysis  59
63          Preventing the carrying out of forensic procedure  60
Part 2.7    Carrying out of certain forensic procedures after conviction of serious offenders
64          Forensic procedures to which pt 2.7 applies  61
65          Non–intimate forensic procedures authorised to be carried out            61
66          Intimate forensic procedures authorised to be carried out                   62
67          Forensic procedures to be in accordance with pt 2.6  62
68          Scope of authorisation  62
69          Informed consent of serious offender to forensic procedure                62
70          Police officer may request serious offender to consent to forensic procedure   63
71          Matters to be considered by police officer before requesting consent to forensic procedure     63
72          Matters that serious offender must be informed of before giving consent 64
73          Circumstances in which police officer may order non‑intimate forensic procedure       66
74          Matters to be considered by police officer  66
75          Recording of giving of information and consent  67
76          Record of police officer’s order  67
77          Court order for carrying out of forensic procedure on serious offender    68
77A           Securing the presence of serious offender at hearing—offender in custody 69
77B           Securing the presence of serious offender at hearing—offender not in custody 70
77C           Procedure at hearing of application for order  71
78          Carrying out of forensic procedure following conviction  72
Part 2.8    Carrying out of forensic procedures on volunteers and certain other people
79          Carrying out of forensic procedures on volunteers  74
80          Informed consent of volunteer or parent, guardian or close associate of volunteer      75
80A           Consent to retention of forensic material taken etc  77
81          Recording of giving of information etc  78
82          Withdrawal of consent or end of agreed retention period  79
83          Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person  80
84          Retention of forensic material etc by order of magistrate  82
84A           Certain volunteers—information about matching of DNA profile           83
Part 2.8A   Analysis of forensic material
84B           Who may analyse forensic material?  84
Part 2.9    Admissibility of evidence
Division 2.9.1              Forensic evidence
85          Inadmissibility of evidence from improper forensic procedures etc         85
86          Inadmissibility of evidence if forensic material required to be destroyed    87
Division 2.9.2              Other evidence
87          Admissibility of evidence relating to consent to forensic procedures       87
88          Admissibility of evidence relating to carrying out of forensic procedures    87
89          Obstructing etc the carrying out of forensic procedure  88
Part 2.10   Destruction of forensic material
90          Destruction of certain forensic material obtained by court order            90
91          Destruction of forensic material taken from serious offender after conviction quashed 91
92          Application for destruction of forensic material after 1 year                 91
93          Destruction of forensic material if related evidence is inadmissible        92
Part 2.11   ACT DNA database
94          Definitions—Act  93
94A           ACT DNA database  97
95          Supply of forensic material for prohibited analysis etc  97
96          Use of information on ACT DNA database  99
97          Permissible matching of DNA profiles  100
98          Recording, retention and removal of identifying information on ACT DNA database    105
98A           Removal of identifying information about suspects after 1 year           108
Part 2.12   Operation of Act and effect on other laws
99          Application of other Acts  110
Part 2.13   Interstate enforcement
100         Definitions relating to interstate enforcement  111
101         Registration of orders  112
102         Database information  112
Part 2.14   General provisions about operation of Act
103         Powers of lawyers and interview friends  115
104         Obligation of investigating police officers relating to electronic recordings 116
105         Material required to be made available to suspect, serious offender or volunteer       117
106         Suspect, serious offender or volunteer not to be charged for material or viewing video 118
107         Proof of belief  118
108         Proof of impracticability  118
109         Liability for forensic procedures  118
110         Experts not obliged to carry out forensic procedures  119
111         Disclosure of information  119
112         Taking, retention and use of forensic material in accordance with another law 121
113         Retention of electronic recordings  122
Chapter 3  Miscellaneous
114         Delegation by chief police officer  123
115         Regulation-making power  123
Chapter 4  Transitional
116         Forensic procedures under pt 2.7  124
117         Forensic material taken before commencement  124
Dictionary125
Endnotes
1            About the endnotes  130
2            Abbreviation key  130
3            Legislation history  131
4            Amendment history  136
5            Earlier republications  144

Crimes (Forensic Procedures) Act 2000

An Act about forensic procedures and other matters

Chapter 1Preliminary

Name of Act
This Act is the Crimes (Forensic Procedures) Act 2000.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘crime scene index—see section 94.’ means that the term “crime scene index” is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
·     s 96 (1) (Use of information on ACT DNA database)
·     s 97 (3) (Permissible matching of DNA profiles)
·     s 98 (Recording, retention and removal of identifying information on ACT DNA database).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 2Forensic procedures
Part 2.1Preliminary

Forensic material and forensic procedures
(1)Forensic material is any of the following taken of or from a person’s body:
(a)a sample;
(b)a handprint, fingerprint, footprint or toeprint;
(c)a photograph or video recording;
(d)a cast or impression.
NoteSample is defined in the dictionary to include a sample that consists of matter from someone else’s body.
(2)A forensic procedure is an intimate forensic procedure or non‑intimate forensic procedure.
NoteIntimate forensic procedure and non-intimate forensic procedure are defined in s 6 and s 7.
(3)A forensic procedure does not include—
(a)any intrusion into a person’s body cavities (other than the mouth); or
(b)the taking of anything of or from a person’s body for the sole purpose of establishing the identity of the person.
What is an intimate forensic procedure?
An intimate forensic procedure is any of the following forensic procedures:
(a)an external examination of the genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts;
(b)the taking of a sample of blood;
(c)the taking of a sample of pubic hair;
(d)the taking of a sample by swab or washing from the external genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts;
(e)the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts;
(f)the taking of a dental impression;
(g)the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts.
What is a non-intimate forensic procedure?
A non-intimate forensic procedure is any of the following forensic procedures:
(a)an examination of a part of the body (other than the genital or anal area, buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts) that requires touching of the body or removal of clothing;
(b)the taking of a sample of hair (other than pubic hair);
(c)the taking of a sample from a nail or under a nail;
(d)the taking of a sample of saliva or a sample by buccal swab;
(e)the 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, for of a female or a transgender or intersex person who identifies as a female, the breasts);
(f)the taking of a sample by vacuum suction, by scraping or by lifting by tape from any external part of the body (other than the genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts);
(g)the taking of a handprint, fingerprint, footprint or toeprint;
(h)the taking of a photograph or video recording of, or an impression or cast of a wound from, a part of the body (other than the genital or anal area, the buttocks, or, for a female or a transgender or intersex person who identifies as a female, the breasts).
Meaning of suspect
A suspect is any of the following:
(a)a person suspected by a police officer, on reasonable grounds, to have committed an offence;
(b)a person charged with an offence;
(c)a person who has been summonsed to appear before a court for an offence;
(d)a person who has entered into a voluntary agreement to attend court (VATAC) for an offence.
NoteSection 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.
Meaning of serious offence and serious offender
(1)A serious offence is—
(a)an offence against a territory law punishable by imprisonment for longer than 12 months; or
(b)an offence against the law of another participating jurisdiction punishable by imprisonment for life or by a maximum penalty of 2 or more years of imprisonment.
NoteAnother participating jurisdiction is defined in s 100.
(2)A serious offender is a person who is convicted of a serious offence.
Meaning of volunteer
A volunteer, in relation to a forensic procedure, is a person—
(a)who volunteers to a police officer to undergo the forensic procedure; or
(b)if the person is a child—whose parent or guardian, on the child’s behalf, volunteers to a police officer that the child undergo the forensic procedure; or
(c)if the person is an incapable person—whose parent, guardian or close associate, on the incapable person’s behalf, volunteers to a police officer that the incapable person undergo the forensic procedure.

Meaning of investigating police officer
An investigating police officer, for an offence in relation to which a forensic procedure is carried out or proposed to be carried out, is—
(a)the police officer in charge of the investigation of the offence; or
(b)any other police officer directed by the police officer in charge to do something in relation to the investigation.
Meaning of authorised applicant
An authorised applicant, for an offence in relation to which a forensic procedure is carried out or proposed to be carried out, is—
(a)the police officer in charge of a police station; or
(b)an investigating police officer; or
(c)the director of public prosecutions.
Meaning of appropriately qualified person
A person is an appropriately qualified person to carry out a forensic procedure if the person is a person (for example, a police officer) who is qualified as prescribed by regulation to carry out the forensic procedure.
Meaning of child and parent of a child
(1)Child means a person under 18 years old.
(2)A parent of a child is a person who has parental responsibility for the child.
(3)Parental responsibilities for a child are all the duties, powers, responsibilities and authority parents have by law in relation to their children.

14AMeaning of close associate
(1)In this Act:
close associate, for an incapable person—
(a)includes the following:
(i)the incapable person’s domestic partner;
NoteDomestic partner—see the Legislation Act, s 169 (1).

(ii)a carer of the incapable person;
(iii)a relative or friend of the incapable person; but

(b)does not include the following:
(i)a child;
(ii)a person who appears to have impaired decision‑making capacity.

(2)In this section:
carer, of an incapable person, means a person who gives, or arranges for the giving of, care and support to the incapable person in a domestic context but does not receive payment or reward for the care and support.
friend, of an incapable person, means someone other than a relative who—
(a)is in a close personal relationship with the person; and
(b)has frequent contact with the person; and
(c)has a genuine personal interest in the person’s welfare; and
(d)does not receive payment or reward for the contact.
payment, for a carer, does not include a carer’s pension (however described).
relative, of an incapable person, means a son, daughter, son-in-law, daughter-in-law, mother, father, mother-in-law, father-in-law, brother, sister, brother-in-law, sister-in-law or grandparent of the person who—
(a)has frequent contact with the person; and
(b)has a genuine personal interest in the person’s welfare; and
(c)does not receive payment or reward for the contact.

Meaning of incapable person
An incapable person means an adult who is incapable, or temporarily incapable, of—
(a)understanding the general nature and effect of, and purposes of carrying out, a forensic procedure; or
(b)indicating whether or not he or she consents or does not consent to a forensic procedure being carried out.
Examples—temporarily incapable
1 a person who is sedated
2 a person who is affected by drugs or alcohol
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Interview friend
(1)This section applies to a suspect, serious offender or volunteer who is—
(a)a child; or
(b)an incapable person; or
(c)an Aboriginal or Torres Strait Islander person.
(2)An interview friend of the person is—
(a)a parent or guardian or other person chosen by, or acceptable to, the person; or
(b)a lawyer of the person; or
(c)if the person is an incapable person—a close associate of the person; or
(d)if no-one mentioned in paragraphs (a) to (c) is available—a person chosen by an authorised applicant for a forensic order in relation to the person who is not—
(i)a police officer; or
(ii)in any way involved in the investigation of the offence concerned.
(3)If the person has a lawyer, the person may also have an interview friend who is not the lawyer.
Police officer to ask if person is Aboriginal or Torres Strait Islander person
Before a police officer asks a suspect to consent to a forensic procedure under this Act, the police officer must ask the suspect if the suspect is an Aboriginal or Torres Strait Islander person.

Part 2.2Circumstances in which forensic procedures on suspects may be authorised

How forensic procedures may be authorised in different circumstances
Table 18 shows the circumstances in which a forensic procedure may be carried out on a suspect, and shows the provisions that authorise the carrying out of the procedure.

Table 18Authorisations for forensic procedures

column 1 item	column 2 sections	column 3 suspect	column 4 intimate forensic procedure	column 5 non-intimate forensic procedure
1	· 19	adult not in custody	· with informed consent under part 2.3	· with informed consent under part 2.3
· 31	· by forensic order of a magistrate under part 2.5	· by forensic order of a magistrate under part 2.5
2	· 19	adult in custody	· with informed consent under part 2.3	· with informed consent under part 2.3
· 27	· by forensic order of a police officer under part 2.4
· 31	by forensic order of a magistrate under part 2.5	· by forensic order of a magistrate under part 2.5
3	31	incapable person (whether or not in custody)	by forensic order of a magistrate under part 2.5	by forensic order of a magistrate under part 2.5
4	31	child (whether or not in custody)	by forensic order of a magistrate under part 2.5	by forensic order of a magistrate under part 2.5

NotePt 2.3 deals with forensic procedures carried out with the consent of the suspect. Pt 2.4 deals with non-intimate forensic procedures carried out on a suspect by order of a police officer. Pt 2.5 deals with forensic procedures carried out on a suspect by order of a magistrate.

Part 2.3Forensic procedures by consent of suspect

Forensic procedure may be carried out with informed consent of suspect
(1)A person is authorised to carry out a forensic procedure on a suspect with the informed consent of the suspect.
(2)The person is authorised to carry out the procedure in accordance with part 2.6 (Carrying out forensic procedures) and not otherwise.
(3)This part does not authorise the carrying out of a forensic procedure on a suspect who is a child or incapable person.
People who cannot consent to forensic procedures
A child or incapable person cannot consent to the carrying out of a forensic procedure.
Informed consent of suspect to forensic procedure
(1)A suspect gives informed consent to a forensic procedure if the suspect consents after a police officer—
(a)requests the suspect to consent to the forensic procedure under section 22; and
(b)informs the suspect about the forensic procedure in accordance with section 24 (Matters that suspect must be informed of before giving consent); and
(c)gives the suspect the opportunity to communicate, or attempt to communicate, with a lawyer of the suspect’s choice.
NoteInform is defined in the dictionary.
(2)The police officer must allow the suspect to communicate, or attempt to communicate, with the lawyer in private unless the police officer suspects on reasonable grounds that the suspect might attempt to destroy or contaminate any evidence that might be obtained by carrying out the forensic procedure.
NoteSection 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.
Police officer may request suspect to consent to forensic procedure
A police officer may request a suspect to undergo a forensic procedure if the police officer is satisfied as required by section 23.
Matters to be considered by police officer before requesting consent to forensic procedure
(1)The police officer must be satisfied on the balance of probabilities that—
(a)the person on whom the forensic procedure is proposed to be carried out is a suspect; and
(b)if the forensic procedure is a procedure other than the taking of a handprint, fingerprint, footprint or toeprint—the offence in relation to which the person is a suspect is a serious offence and there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed—
(i)that offence; or
(ii)another serious offence arising out of the same circumstances as that offence; or
(iii)another serious offence for which the evidence likely to be obtained because of carrying out the proposed forensic procedure on the suspect is likely to have probative value; and
(c)if the forensic procedure is the taking of a handprint, fingerprint, footprint or toeprint—the offence in relation to which the person is a suspect is an offence other than an offence that may be dealt with by way of infringement notice and there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed—
(i)that offence; or
(ii)another offence (other than an offence that may be dealt with by way of infringement notice) arising out of the same circumstances as that offence; or
(iii)another offence (other than an offence that may be dealt with by way of infringement notice) for which the handprints, fingerprints, footprints or toeprints are likely to have probative value; and
(d)the person on whom the forensic procedure is proposed to be carried out is not a child or incapable person; and
(e)the request for consent to carry out the forensic procedure is justified in all the circumstances.
NoteSection 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.
(2)In deciding whether a request is justified in all the circumstances, the police officer must balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.
(3)In balancing those interests, the police officer must have regard to the following matters:
(a)the seriousness of the circumstances surrounding the commission of the offence and the gravity of the offence;
(b)the degree of the suspect’s alleged participation in the commission of the offence;
(c)the age, physical and mental health and cultural background of the suspect, to the extent that they are known to the police officer;
(d)whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the suspect committed the offence;
(e)if the suspect gives any reasons for refusing to consent—the reasons;
(f)any other matter considered relevant to balancing those interests.
Matters that suspect must be informed of before giving consent
(1)The police officer must inform the suspect of the following matters:
(a)that the giving of information under this section, and the giving of consent (if any) by the suspect, will be recorded by electronic means or in writing, and that the suspect has a right to a copy of that record;
NoteSee s 26 (Recording of giving of information and consent) and s 104 (Obligation of investigating police officers relating to electronic recordings).
(b)the purpose for which the forensic procedure is required;
(c)the fact that the person is a suspect in the offence in relation to which the police officer wants the forensic procedure carried out;
(d)the way in which the forensic procedure is to be carried out;
(e)that the forensic procedure may produce evidence against the suspect that might be used in a court of law;
(f)that the forensic procedure will be carried out by an appropriately qualified person;
(g)if relevant, the matters mentioned in subsection (2) or (3);
(h)that the suspect may refuse to consent to the carrying out of the forensic procedure;
(i)the consequences of not consenting, as mentioned in subsection (4), (5) or (6) (whichever is applicable);
(j)the effect of section 87 (Admissibility of evidence relating to consent to forensic procedures);
(k)that information obtained from analysis of forensic material obtained may be placed on the ACT DNA database and the rules that will apply to its disclosure and use under this Act, including that the information may be compared with information from the DNA databases of other participating jurisdictions;
(l)that the suspect may apply to a court for an order that the forensic material obtained be destroyed, and the circumstances when the court may order destruction.
NoteSection 92 (Application for destruction of forensic material after 1 year) sets out when the court may order destruction.
(2)The police officer must inform the suspect that the suspect may request that a doctor of the suspect’s choice be present while an intimate forensic procedure (other than the taking of a dental impression) is carried out or a sample of saliva or sample by buccal swab is taken.
(3)If the forensic procedure is the taking of a dental impression, sample of saliva or sample by buccal swab, the police officer must inform the suspect that the suspect may request that a dentist of the suspect’s choice be present while the procedure is carried out.
(4)If the suspect is in custody and the forensic procedure is a non‑intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent—
(a)a police officer may order the carrying out of the forensic procedure under part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) if the police officer is satisfied about the matters mentioned in section 23 (Matters to be considered by police officer before requesting consent to forensic procedure); and
(b)reasonable force may be used to enable the forensic procedure to be carried out.
(5)If the suspect is in custody and the forensic procedure is an intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent—
(a)an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure; and
(b)reasonable force may be used to enable the forensic procedure to be carried out if the order is made.
(6)If the suspect is not in custody, the police officer must inform the suspect that, if the suspect does not consent—
(a)an application may be made to a magistrate for an order authorising the carrying out of the forensic procedure; and
(b)reasonable force may be used to enable the forensic procedure to be carried out if the order is made.

24AAboriginal or Torres Strait Islander suspects
(1)This section applies if a person is an Aboriginal or Torres Strait Islander person.
(2)The police officer must not ask the suspect to consent to a forensic procedure unless—
(a)an interview friend is present; or
(b)the suspect has expressly and voluntarily waived the suspect’s right to have an interview friend present.
(3)In addition to the matters mentioned in section 24, the police officer must—
(a)inform the suspect that the Aboriginal legal service will be notified that the suspect will be asked to consent to a forensic procedure; and
(b)as soon as practicable, notify the Aboriginal legal service.
(4)Subsection (3) does not apply if the suspect—
(a)has arranged for a lawyer to be present; or
(b)expressly waives the suspect’s right to have a lawyer present.
(5)After notifying the Aboriginal legal service under subsection (3), the police officer must allow the suspect to communicate, or attempt to communicate with the interview friend or lawyer in private, unless—
(a)the suspect is under arrest; and
(b)the officer believes on reasonable grounds that the suspect may attempt to destroy or contaminate any evidence that may be obtained by carrying out the forensic procedure.
NoteSection 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.

(6)An interview friend (other than a lawyer) of the suspect may be excluded from the presence of the officer and the suspect if the interview friend unreasonably interferes with or obstructs the officer in performing a function under this part.
(7)In this section:
Aboriginal legal service means the Aboriginal Legal Service (NSW/ACT) Limited (ACN 118 431 066).

Withdrawal of suspect’s consent
If a suspect expressly withdraws consent to the carrying out of a forensic procedure under this Act (or if the withdrawal of such consent can reasonably be inferred from the suspect’s conduct) before or during the carrying out of the forensic procedure—
(a)the forensic procedure must be treated from the time of the withdrawal as a forensic procedure for which consent has been refused; and
(b)the forensic procedure may be carried out in accordance with an order under part 2.4 (Non-intimate forensic procedures on suspect by order of police officer) or part 2.5 (Forensic procedures on suspect by order of magistrate) and not otherwise.
Recording of giving of information and consent
(1)The police officer must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the suspect’s responses (if any) are recorded by audiotape, videotape or other electronic means.
(2)If electronic recording of the giving of the information and the suspect’s responses (if any) is not practicable, the police officer must ensure that a written record of the giving of the information and the suspect’s responses (if any) is made, and that a copy of the record is made available to the suspect.
NotePt 2.14 contains provisions about making copies of material (including tapes) available to the suspect.

Part 2.4Non-intimate forensic procedures on suspect by order of police officer

Non-intimate forensic procedure may be carried out by order of police officer
(1)A person is authorised to carry out a non-intimate forensic procedure on a suspect in custody by order of a police officer under this part.
(2)The person is authorised to carry out the procedure in accordance with part 2.6 (Carrying out forensic procedures) and not otherwise.
(3)This part does not authorise the carrying out of a forensic procedure on a suspect who is a child or incapable person.
Circumstances in which police officer may order non‑intimate forensic procedure
A police officer may order the carrying out of a non-intimate forensic procedure on a suspect who is in custody if—
(a)the suspect has been asked under part 2.3 (Forensic procedures by consent of suspect) to consent to the carrying out of the forensic procedure; and
(b)the suspect has not consented; and
(c)the police officer is satisfied as required by section 29.

Matters to be considered by police officer before ordering forensic procedure
(1)The police officer must be satisfied on the balance of probabilities that—
(a)the suspect is in custody that is lawful custody; and
(b)if the forensic procedure is a procedure other than the taking of a handprint, fingerprint, footprint or toeprint—the offence for which the person is a suspect is a serious offence and there are reasonable grounds to believe that the suspect committed—
(i)that offence; or
(ii)another serious offence arising out of the same circumstances as that offence; or
(iii)another serious offence for which the evidence likely to be obtained because of carrying out the procedure on the suspect is likely to have probative value; and
(c)if the forensic procedure is the taking of a handprint, fingerprint, footprint or toeprint—the offence for which the person is a suspect is an offence other than an offence that may be dealt with by way of infringement notice and there are reasonable grounds to believe that the suspect committed—
(i)that offence; or
(ii)another offence (other than an offence that may be dealt with by way of infringement notice) arising out of the same circumstances as that offence; or
(iii)another offence (other than an offence that may be dealt with by way of infringement notice) for which the handprints, fingerprints, footprints or toeprints are likely to have probative value; and
(d)there are reasonable grounds to believe that the forensic procedure is likely to produce evidence tending to confirm or disprove that the suspect committed the relevant offence; and
(e)the carrying out of the forensic procedure without consent is justified in all the circumstances.
NoteSection 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.
(2)In deciding whether the carrying out of the forensic procedure without consent is justified in all the circumstances, the police officer must balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.
(3)In balancing those interests, the police officer must have regard to the following matters:
(a)the seriousness of the circumstances surrounding the commission of the offence and the gravity of the offence;
(b)the degree of the suspect’s alleged participation in the commission of the offence;
(c)the age, physical and mental health and cultural background of the suspect, to the extent that they are known to the police officer;
(d)whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the suspect committed the offence;
(e)if the suspect gives any reasons for refusing to consent—the reasons;
(f)any other matter considered relevant to balancing those interests.
Record of police officer’s order
(1)If a police officer orders the carrying out of a forensic procedure on a suspect who is in custody, the police officer must—
(a)make a record of—
(i)the order; and
(ii)the date and time the order was made; and
(iii)the reasons for making it; and
(b)sign the record.
(2)The police officer must make and sign the record when the order is made or as soon as practicable afterwards.
(3)The police officer must ensure that a copy of the record is made available to the suspect as soon as practicable after the record is made.

Part 2.5Forensic procedures on suspect by order of magistrate
Division 2.5.1 General

Forensic procedure may be carried out by order of magistrate
(1)A person is authorised to carry out a forensic procedure on a suspect by order of a magistrate under this part.
(2)The person is authorised to carry out the procedure in accordance with part 2.6 (Carrying out forensic procedures) and not otherwise.
Circumstances in which magistrate may order forensic procedure
A magistrate may, under section 33 or section 41 (Interim order for immediate carrying out of forensic procedure), order the carrying out of a forensic procedure on a suspect if—
(a)the suspect is not in custody and has not consented to the forensic procedure; or
(b)the suspect is in custody, has been requested to consent and has not consented to the forensic procedure; or
(c)the suspect is in custody and the investigation period when the suspect may lawfully be held has not yet expired; or
(d)the suspect is a child or incapable person.

Division 2.5.2 Final orders

Final order for carrying out of forensic procedure
A magistrate may order the carrying out of a forensic procedure on a suspect if—
(a)section 32 applies; and
(b)the magistrate is satisfied as required by section 34.
Matters to be considered by magistrate before ordering forensic procedure
(1)The magistrate must be satisfied on the balance of probabilities that—
(a)the person on whom the forensic procedure is proposed to be carried out is a suspect; and
(b)if the forensic procedure is a procedure other than the taking of a handprint, fingerprint, footprint or toeprint—the offence for which the person is a suspect is a serious offence and, on the evidence before the magistrate, there are reasonable grounds to believe that the suspect committed—
(i)that offence; or
(ii)another serious offence arising out of the same circumstances as that offence; or
(iii)another serious offence for which the evidence likely to be obtained because of carrying out the procedure on the suspect is likely to have probative value; and
(c)if the forensic procedure is the taking of a handprint, fingerprint, footprint or toeprint—the offence for which the person is a suspect is an offence other than an offence that may be dealt with by way of infringement notice and, on the evidence before the magistrate, there are reasonable grounds to believe that the suspect committed—
(i)that offence; or
(ii)another offence (other than an offence that may be dealt with by way of infringement notice) arising out of the same circumstances as that offence; or
(iii)another offence (other than an offence that may be dealt with by way of infringement notice) for which the handprints, fingerprints, footprints or toeprints are likely to have probative value; and
(d)the carrying out of the forensic procedure is justified in all the circumstances.
(2)In deciding whether the carrying out of the forensic procedure is justified in all the circumstances, the magistrate must balance the public interest in obtaining evidence tending to confirm or disprove that the suspect committed the offence concerned against the public interest in upholding the physical integrity of the suspect.
(3)In balancing those interests, the magistrate must have regard to the following matters:
(a)the seriousness of the circumstances surrounding the commission of the offence and the gravity of the offence;
(b)the degree of the suspect’s alleged participation in the commission of the offence;
(c)the age, physical and mental health and cultural background of the suspect, to the extent that they are known to the magistrate;
(d)if the suspect is a child or incapable person—the best interests of the suspect;
(e)whether there is a less intrusive but reasonably practicable way of obtaining evidence tending to confirm or disprove that the suspect committed the offence;
(f)if the suspect gives any reasons for refusing to consent—the reasons;
(g)if the suspect is in custody and the investigation period when the suspect may lawfully be held has not expired—
(i)the period for which the suspect has already been detained; and
(ii)the reasons for any delay in proposing the carrying out of the forensic procedure;
(h)any other matter considered relevant to balancing those interests.
Application for order
(1)An authorised applicant (and no-one else) may apply to a magistrate for an order under section 32 (Circumstances in which magistrate may order forensic procedure) authorising the carrying out of a forensic procedure on a suspect.
(2)An application for an order must—
(a)be made in writing; and
(b)be supported by evidence on oath or by affidavit dealing with the matters mentioned in section 34 (1) (Matters to be considered by magistrate before ordering forensic procedure); and
(c)state the type of forensic procedure sought to be carried out.
Securing the presence of suspects at hearings—suspect in custody
(1)If the suspect is in the custody of a police officer or is otherwise detained under territory law (the original custody), the magistrate may, on the application of a police officer, issue a warrant directing the person holding the suspect in the original custody to deliver the suspect into the custody of the police officer (temporary custody) for the hearing of an application for an order under this part.
(2)The police officer given temporary custody must return the suspect to the place of the original custody—
(a)if the application for the order is refused—without delay; or
(b)if the order is made—without delay after the period after the order is made that is reasonably necessary to carry out the forensic procedure.
Securing the presence of suspects at hearings—suspect not in custody
(1)If the suspect is not in custody, the Magistrates Court may, on the application of a police officer, issue—
(a)a summons for the appearance of the suspect at the hearing of the application; or
(b)a warrant for the arrest of the suspect to bring the suspect before the court for the hearing of the application.
(2)An application for a summons or warrant under subsection (1) must be—
(a)made in writing; and
(b)supported by evidence on oath or by affidavit dealing with the matters mentioned in—
(i)for a summons—subsection (3) (a) and (b); and
(ii)for a warrant—subsection (4) (a) (b) and (c).
(3)The Magistrates Court may issue a summons only if satisfied that the issue of the summons—
(a)is necessary to ensure the appearance of the suspect at the hearing of the application; or
(b)is otherwise justified.
(4)The Magistrates Court may issue a warrant only if satisfied—
(a)that the arrest is necessary to ensure the appearance of the suspect at the hearing of the application; or
(b)that the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or
(c)that the issue of the warrant is otherwise justified.
Procedure at hearing of application for order
(1)This section applies if an authorised applicant has applied under section 35 for an order authorising the carrying out of a forensic procedure on a suspect.
(2)The suspect must be present at the hearing of the application unless—
(a)the suspect is remanded or otherwise detained in lawful custody in a State and it is not practicable for the suspect to be present by audio link or audiovisual link; or
Note 1State includes the Northern Territory (see Legislation Act, dict, pt 1).
Note 2The Evidence (Miscellaneous Provisions) Act 1991, ch 3 applies in relation to the taking of evidence and making of submissions by audiovisual link or audio link from a State. See also the Magistrates Court Act 1930, s 311 (Appearance by audiovisual or audio links etc).
(b)the application (and any summons issued under section 37 (1) (a)) has been served on the suspect and the suspect is not present.
(3)If the suspect is a child, incapable person or Aboriginal or Torres Strait Islander person, the suspect must be represented by an interview friend and may also be represented by a lawyer.
(4)Any other suspect may be represented by a lawyer.
(5)The suspect or his or her representative—
(a)may cross-examine the applicant for the order; and
(b)may, with the leave of the magistrate, call or cross-examine any other witnesses; and
(c)may address the magistrate.
(6)A magistrate may give leave under subsection (5) (b) only if the magistrate is of the opinion that there are substantial reasons why, in the interests of justice, the witness should be called or cross‑examined.
(7)In this section:
audio link means a system of 2-way communication linking different places so that a person speaking at any of them can be heard at the other places.
audiovisual link means a system of 2-way communication linking different places so that a person at any of them can be seen and heard at the other places.
Action to be taken on making of orders
(1)If a magistrate makes an order for the carrying out of a forensic procedure, the magistrate must—
(a)give reasons for making the order; and
(b)ensure that a written record of the order is kept; and
(c)if the suspect is present or represented by a lawyer—inform the suspect or lawyer that reasonable force may be used to enable the forensic procedure to be carried out; and
(d)if the suspect is a child, incapable person or Aboriginal or Torres Strait Islander person—inform the suspect’s interview friend or lawyer that reasonable force may be used to enable the forensic procedure to be carried out.
(2)The magistrate may give directions about the date, time, place where, or how a forensic procedure is to be carried out.
Suspect in custody may be kept in custody for carrying out forensic procedure
(1)This section applies if a magistrate orders the carrying out of a forensic procedure on a suspect mentioned in section 32 (Circumstances in which magistrate may order forensic procedure).
(2)If the suspect is in custody, the suspect may be detained in custody for as long as reasonably necessary to carry out the forensic procedure.
(3)An order made in the circumstances set out in section 32 (c) operates despite any other law.
NoteSection 32 (c) is about a suspect who is in custody and the investigation period when the suspect may lawfully be held has not expired.

40AMagistrate may order arrest etc of suspect not in custody for carrying out forensic procedure
(1)This section applies if a magistrate orders the carrying out of a forensic procedure on a suspect mentioned in section 32 (a forensic procedure order).
(2)If the suspect is not in custody, the magistrate may, on the application of an authorised applicant, also make an order (an arrest and removal order) for—
(a)the arrest of the suspect for the purpose of carrying out the forensic procedure; and
(b)the removal of the suspect to the place where the forensic procedure is to be carried out.
(3)The magistrate may make an arrest and removal order only if satisfied on reasonable grounds that—
(a)the order is necessary to ensure that the forensic procedure will be carried out; or
(b)the suspect might destroy evidence that might be obtained by carrying out the forensic procedure; or
(c)the order is otherwise justified.
(4)An authorised applicant may apply for an arrest and removal order in relation to a suspect—
(a)when the authorised applicant applies for a forensic procedure order in relation to the suspect; or
(b)at any time after a magistrate has made a forensic procedure order in relation to the suspect.

40BArrest, removal and detention of suspect
(1)This section applies if a police officer has power to arrest a suspect under an arrest and removal order.
(2)The police officer must—
(a)use the minimum amount of force necessary to arrest or remove the suspect; and
(b)before removing the suspect, explain to the suspect the reason for the arrest.
NoteThe Crimes Act 1900, s 252I requires that a responsible person for a child be told if the child is arrested.

(3)The suspect may be detained in custody for as long as reasonably necessary to carry out the forensic procedure.

40CArrest and removal order—warrant to enter premises
(1)This section applies if a magistrate makes an arrest and removal order in relation to a suspect.
(2)An authorised applicant may apply to a magistrate for a warrant to enter premises to arrest the suspect.
(3)The application must be sworn and state the grounds on which the warrant is sought.
NoteSwear an oath includes make an affirmation (see Legislation Act, dict, pt 1, def swear).

(4)The magistrate may refuse to consider the application until the authorised applicant gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.
(5)The magistrate may issue a warrant only if satisfied on reasonable grounds that the warrant is necessary to enable the arrest of the suspect.
(6)The warrant must state—
(a)that a police officer may, with any necessary assistance and force, enter the premises to arrest the suspect; and
(b)the hours when the premises may be entered; and
(c)the date (within 7 days after the day the warrant is issued) that the warrant ends.
(7)An authorised applicant may apply for a warrant in relation to a suspect—
(a)when the authorised applicant applies for an arrest and removal order in relation to the suspect; or
(b)at any time after a magistrate has made an arrest and removal order in relation to the suspect.

40DWarrant to enter premises—announcement before entry and copy of warrant
(1)A police officer must, before anyone enters premises under a warrant mentioned in section 40C—
(a)announce that the officer is authorised to enter the premises; and
(b)give anyone at the premises an opportunity to allow entry to the premises; and
(c)if the occupier of the premises, or someone else who apparently represents the occupier, is present at the premises—identify himself or herself to the person.
(2)A police officer is not required to comply with subsection (1) if the officer believes on reasonable grounds that immediate entry to the premises is required to ensure—
(a)the safety of the officer or anyone assisting the officer; or
(b)the safety of anyone at the premises; or
(c)that the effective execution of the warrant is not frustrated.
(3)If an occupier of premises, or someone else who apparently represents the occupier, is present at the premises while a warrant is being executed, the police officer or anyone assisting must make available to the person a copy of the warrant.
(4)In this section:
occupier, of premises, includes—
(a)a person believed on reasonable grounds to be an occupier of the premises; and
(b)a person apparently in charge of the premises.

Division 2.5.3 Interim orders

Interim order for immediate carrying out of forensic procedure
(1)A magistrate may make an interim order authorising the immediate carrying out of a forensic procedure on a suspect if—
(a)section 32 (Circumstances in which magistrate may order forensic procedure) applies; and
(b)the magistrate is satisfied that the probative value of evidence obtained because of the forensic procedure concerned is likely to be lost or destroyed if there is delay in carrying out the procedure; and
(c)the magistrate is satisfied that there is sufficient evidence to indicate that a magistrate is reasonably likely to be satisfied of the existence of the matters mentioned in section 34 (1) (Matters to be considered by magistrate before ordering forensic procedure) when the application is finally decided.
(2)An interim order operates as provided by this division until a magistrate, at a hearing held as mentioned in section 44 (2) (Action to be taken on making of interim orders), confirms the interim order or disallows it.
(3)Division 2.5.2 applies to the making of an order confirming the interim order in the same way as it applies to the making of an order under section 33 (Final order for carrying out of forensic procedure), and an order confirming the interim order is taken to be an order under section 33.

Applications for interim orders
(1)An authorised applicant may, without bringing a suspect before a magistrate and without obtaining an order under section 33 (Final order for carrying out of forensic procedure), make an application seeking an order (an interim order) authorising the immediate carrying out of a forensic procedure on the suspect.
(2)An application for an interim order must—
(a)be supported by evidence on oath or by affidavit dealing with the matters mentioned in section 41 (1); and
(b)state the type of forensic procedure sought to be carried out.
(3)An application for an interim order may be made in person or, if that is not practicable, by telephone, radio, fax or other means of communication.
(4)The suspect must be in the presence of the authorised applicant when the application is made unless the suspect is remanded or otherwise detained in lawful custody in a State and it is not practicable for the suspect to be present by audio link or audiovisual link.
Note 1State includes the Northern Territory (see Legislation Act, dict, pt 1).
Note 2The Evidence (Miscellaneous Provisions) Act 1991, s 20 (Territory courts may take evidence and submissions from participating States) applies in relation to the taking of evidence and making of submissions by audiovisual link or audio link from a participating State. See also the Magistrates Court Act 1930, s 311 (Appearance by audiovisual or audio links etc).
(5)If the suspect is a child, incapable person or Aboriginal or Torres Strait Islander person, the suspect’s interview friend or lawyer must also be in the presence of the authorised applicant.
(6)However, the suspect’s interview friend (other than a lawyer) may be excluded from the presence of the authorised applicant if the interview friend unreasonably interferes with or obstructs the making of the application.
(7)In this section:
audio link—see section 38 (6).
audiovisual link—see section 38 (6).
Procedure at hearing of application for interim order
(1)If the application is made in person, or by telephone, radio or other form of oral communication, the magistrate must ensure that the following are given an opportunity to speak to the magistrate:
(a)the suspect (if present);
(b)the suspect’s lawyer (if any);
(c)the suspect’s interview friend (if any).
(2)If the application is made by fax or other form of written communication, the magistrate must ensure that the following are given an opportunity to make a written submission to accompany the application, or to speak to the magistrate by telephone, radio or other form of oral communication:
(a)the suspect (if present);
(b)the suspect’s lawyer (if any);
(c)the suspect’s interview friend (if any).
Action to be taken on making of interim orders
(1)A magistrate who makes an interim order must inform the applicant for the order personally, or by telephone, radio, fax or other means of communication—
(a)that the order has been made; and
(b)of the terms of the order, including the matters mentioned in subsection (2); and
(c)of any orders or directions given under subsection (3) in relation to the order.
(2)An interim order must state the date and time when, and place where, a further hearing on the application will take place and the application will be finally decided by the making of an order confirming or disallowing the interim order.
(3)A magistrate may make the orders and give the directions in relation to an interim order that a magistrate may make or give in relation to an order under section 33 (Final order for carrying out of forensic procedure).
Records of applications and interim orders
(1)The applicant for an interim order, at the time of, or as soon as practicable after, applying for the interim order, must make a record (the applicant’s record) of—
(a)the application; and
(b)the grounds for seeking the order; and
(c)the date and time when the order was made; and
(d)the order made; and
(e)the magistrate’s name.
(2)The magistrate must—
(a)at the time of, or as soon as practicable after, making an interim order, make a record (the magistrate’s record) of—
(i)the date and time when the order was made; and
(ii)the order made; and
(iii)the reasons for making it; and
(b)sign the magistrate’s record and send it to the applicant.
(3)The applicant must ensure that a copy of the magistrate’s record and a copy of the applicant’s record are made available to the suspect as soon as practicable after the applicant receives the magistrate’s record.
Suspect may be prevented from destroying or contaminating evidence
(1)Any police officer may, while waiting for the application seeking an interim order to be decided, use reasonable force to prevent the suspect destroying any evidence that might be obtained by carrying out the forensic procedure if the order is made.
(2)This section does not authorise anyone to carry out a forensic procedure before an interim order is made.
Results of forensic procedures carried out under interim order
(1)A sample taken under an interim order may be analysed only if—
(a)the sample is likely to perish before a final order is made; or
(b)a final order is made confirming the interim order.
(2)A person who conducts an analysis in the circumstances mentioned in subsection (1) (a) must not intentionally or recklessly disclose the results of the analysis to anyone—
(a)during the period before a final order is made; or
(b)if the interim order is disallowed.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Division 2.5.4 Reports of proceedings under pt 2.5

Restrictions on publication
A person must not intentionally or recklessly, in any report of a proceeding under this part, publish—
(a)the name of the suspect on whom a forensic procedure is carried out or proposed to be carried out in relation to an offence; or
(b)any information likely to enable the identification of the suspect;
unless the suspect has been charged with the relevant offence or the magistrate, by order, has authorised publication.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Part 2.6Carrying out forensic procedures
Division 2.6.1 General provisions
48AMeaning of relevant person—pt 2.6
In this part:
relevant person means the suspect, serious offender or volunteer on whom a forensic procedure is, or is to be, carried out.

General rules for carrying out forensic procedures
A forensic procedure—
(a)must be carried out in circumstances providing reasonable privacy to the relevant person; and
(b)except as permitted under another provision of this Act, must not be carried out in the presence or view of anyone who is of the opposite sex to the relevant person; and
(c)must not be carried out in the presence or view of a person whose presence is not necessary for the forensic procedure or required or permitted under another provision of this Act; and
(d)must not involve the removal of more clothing than is necessary for carrying out the procedure; and
(e)must not involve more visual inspection than is necessary for carrying out the procedure.

49ARules for carrying out forensic procedures—giving and recording information
(1)Before a forensic procedure is carried out on a person in relation to the investigation of a matter by a police officer, a police officer must ensure that the person is informed about the person’s right to request—
(a)if a sample is to be taken from the person, and there is sufficient material for an analysis to be carried out by or for the person and the officer—that a part of the material sufficient for analysis be made available to the person; and
(b)if a photograph or a video recording of a part of the person’s body is to be taken—that a copy of the photograph or video recording be made available to the person; and
(c)if a sample is to be taken from the person, and material from the sample is analysed in the investigation of the matter—that a copy of the results of the analysis be made available to the person.
(2)The police officer must, if practicable, ensure that the giving of the information mentioned in subsection (1), and the person’s responses (if any) are recorded by audiotape, videotape or other electronic means.
(3)If electronic recording of the giving of the information and the person’s responses (if any) is not practicable, the police officer must ensure that a written record of the giving of the information and the person’s responses (if any) is made, and that a copy of the record is made available to the person.
NotePt 2.14 contains provisions about making copies of material (including tapes) available to the person.

49BRules for carrying out forensic procedures—transgender and intersex people
(1)This section applies if—
(a)a forensic procedure is to be carried out on a transgender or intersex person; and
(b)the provision under which it is carried out refers to a person of the opposite sex, or the same sex.
(2)The transgender or intersex person may elect to be identified as a male or female.
(3)If the transgender or intersex person is a child, incapable person or Aboriginal or Torres Strait Islander person, the transgender or intersex person’s interview friend or lawyer may elect that the person be identified as a male or female.
(4)If the election is to be identified as a male, the transgender or intersex person is taken, for this Act, to be male.
(5)If the election is to be identified as a female, the transgender or intersex person is taken, for this Act, to be female.
(6)If the transgender or intersex person does not make an election under subsection (2), but requires that the forensic procedure be carried out by a male, the person is taken, for this Act, to be male.
(7)If the transgender or intersex person’s interview friend or lawyer does not make an election under subsection (3), but requires that the forensic procedure be carried out by a male, the transgender or intersex person is taken, for this Act, to be male.
(8)If the transgender or intersex person does not make an election under subsection (2), but requires that the forensic procedure be carried out by a female, the person is taken, for this Act, to be female.
(9)If the transgender or intersex person’s interview friend or lawyer does not make an election under subsection (3), but requires that the forensic procedure be carried out by a female, the transgender or intersex person is taken, for this Act, to be female.

Use of force in carrying out forensic procedures
(1)A person authorised to carry out a forensic procedure on a person, or a police officer, may use reasonable force—
(a)to enable a forensic procedure to be carried out; or
(b)to prevent loss, destruction or contamination of any sample.
(2)A forensic procedure must be carried out in a way consistent with appropriate medical or other relevant professional standards.
Forensic procedures not to be carried out in cruel, inhuman or degrading way
(1)This Act does not authorise the carrying out of a forensic procedure in a cruel, inhuman or degrading way.
(2)For this section, the carrying out of a forensic procedure in accordance with this Act is not in itself regarded as degrading to the relevant person.
Taking samples of hair
A person is authorised to take a sample of hair of a relevant person by removing the root of the hair only if—
(a)the person takes only so much hair as the person believes is necessary for analysis of the sample, or other examination of the hair, to be carried out for the purpose of investigating the relevant offence; and
(b)the sample is taken using the least painful technique known and available to the person.

Division 2.6.2 People involved in forensic procedures

People who may carry out forensic procedures
(1)Table 53 shows, for each forensic procedure, the people who may carry out the procedure under this Act.
(2)A person not mentioned in table 53, column 3 is not authorised to carry out a forensic procedure under this Act except as mentioned in section 55 (Person may get help to carry out forensic procedure).
(3)Table 53, column 4 shows, for each forensic procedure, whether a doctor or dentist of the relevant person’s choice may be present while the forensic procedure is carried out.
NoteSection 56 makes detailed provisions for the presence of a doctor or dentist of the relevant person’s choice while a forensic procedure is carried out.
(4)This section does not prevent a relevant person from carrying out a forensic procedure mentioned in table 53, item 3, column 2 on himself or herself under the supervision of an appropriately qualified person.

Table 53People involved in forensic procedures

column 1 item	column 2 forensic procedure	column 3 people who may carry out forensic procedure	column 4 is relevant person entitled to ask for doctor or dentist of person’s choice to be present?
1	external examination of— · genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female	· doctor · nurse · appropriately qualified person	yes, doctor
2	taking sample of blood	· doctor · nurse	yes, doctor
3	taking sample of saliva or sample by buccal swab	· doctor · dentist · dental technician · nurse · appropriately qualified person	yes, doctor or dentist
4	taking sample of pubic hair	· doctor · nurse	yes, doctor
5	taking sample by swab or washing from— · external genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female	· doctor · nurse	yes, doctor
6	taking sample by vacuum suction, scraping or lifting by tape from— · external genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female	· doctor · nurse	yes, doctor
7	taking dental impression	· doctor · dentist · dental technician	yes, dentist
8	taking photograph or video recording of, or impression or cast of, wound from— · genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female	· appropriately qualified person	yes, doctor
9	external examination of part of body (other than— · genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female) that requires touching of body or removal of clothing	· doctor · nurse · appropriately qualified person	no
10	taking sample of hair (other than pubic hair)	· doctor · nurse · appropriately qualified person	no
11	taking sample from nail or from under nail	· doctor · nurse · appropriately qualified person	no
12	taking sample by swab or washing from any external part of body (other than— · genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female)	· doctor · nurse · appropriately qualified person	no
13	taking sample by vacuum suction, scraping or lifting by tape from any external part of body (other than— · genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female)	· doctor · nurse · appropriately qualified person	no
14	taking handprint, fingerprint, footprint or toeprint	· appropriately qualified person	no
15	taking photograph or video recording of, or impression or cast of wound from, external part of body (other than— · genital or anal area · buttocks · breasts of female or transgender or intersex person who identifies as female)	· appropriately qualified person	no

Note Appropriately qualified person is defined in s 13.

Sex of person carrying out or helping carry out forensic procedures
(1)If a forensic procedure is to be carried out on a relevant person, the person carrying it out, and anyone asked under section 55 to help carry it out, must, if practicable, be of the same sex as the relevant person.
(2)Subsection (1) does not apply—
(a)to the taking of a handprint, fingerprint, footprint or toeprint; or
(b)to any other non-intimate forensic procedure that may be carried out without—
(i)touching the relevant person; or
(ii)requiring the relevant person to remove any clothing (other than his or her overcoat, coat, jacket, gloves, socks, shoes and hat); or
(c)if the relevant person consents to a person other than a person of the same sex as the relevant person carrying out, or helping to carry out, the forensic procedure.
(3)If the person on whom a forensic procedure is to be carried out is a volunteer—
(a)the volunteer may ask that a person other than a person of the same sex as the volunteer carry out, or help carry out, the procedure; and
(b)if practicable, any such request must be complied with, despite subsection (1).
(4)However, if the relevant person is a child—
(a)the person carrying out the forensic procedure must ask the child, before the procedure is carried out, if the child wants a person of a particular sex to carry out, or help carry out, the procedure; and
(b)if the child asks for a person of a particular sex to carry out, or help carry out, the forensic procedure, a person of that sex must, if practicable, carry out, or help carry out, the procedure.
Person may get help to carry out forensic procedure
(1)An order by a police officer or magistrate authorising the carrying out of a forensic procedure authorises the person who is to carry out the procedure in accordance with section 53 (People who may carry out forensic procedures) to ask someone else to help him or her to carry out the procedure, and authorises the other person to give that help.
(2)A person who is asked to help carry out a forensic procedure need not be a person mentioned in section 53.
(3)A person who is asked to help carry out a forensic procedure may use reasonable force to enable the forensic procedure to be carried out.

Division 2.6.3 Presence of other people while forensic procedure is carried out

Doctor or dentist of person’s choice may be present for most forensic procedures
(1)A suspect or volunteer is entitled to request a doctor of the person’s choice to be present while an intimate forensic procedure (other than the taking of a dental impression) is carried out or a sample of saliva or sample by buccal swab is taken.
(2)A suspect or volunteer is entitled to request a dentist of the person’s choice to be present while a dental impression, sample of saliva or sample by buccal swab is taken.
(3)If a sample of blood is to be taken from a serious offender, the offender is entitled to request that—
(a)if the serious offender is serving a sentence of imprisonment at a correctional centre or other place—a corrections health practitioner for the centre, or health practitioner (however described) for the place, be present while the sample is taken; or
(b)if the serious offender is not serving a sentence of imprisonment—a doctor of the serious offender’s choice be present while the sample is taken.
(4)If a sample by buccal swab is to be taken from a serious offender, the offender is entitled to request that—
(a)if the serious offender is serving a sentence of imprisonment at a correctional centre or other place—a corrections health practitioner for the centre, or health practitioner (however described) for the place, be present while the sample is taken; or
(b)if the serious offender is not serving a sentence of imprisonment—a doctor or dentist of the serious offender’s choice be present while the sample is taken.
NoteSection 103 provides that the request may be made by the relevant person’s lawyer or interview friend.
(5)The doctor or dentist chosen must be present at the carrying out of the forensic procedure unless he or she—
(a)cannot, or does not wish to, attend; or
(b)cannot be contacted;
within a reasonable time or, if relevant, within the time in which the person responsible for the carrying out of the forensic procedure considers the forensic procedure should be carried out if it is to be effective in providing evidence of the offence concerned.

Material required to be made available to suspect, serious offender or volunteer
(1)Material from samples or copies or any other material, that must be made available to a suspect, serious offender or volunteer under this Act—
(a)may be sent to the suspect, serious offender or volunteer at his or her last-known address (if any), or to the suspect’s, serious offender’s or volunteer’s lawyer (if any) at his or her last-known address; or
(b)if there is no known address as mentioned in paragraph (a)—may be made available for collection by the suspect, serious offender or volunteer at the police station where an investigating police officer was based when the forensic procedure was carried out.
(2)Material of any kind (other than material from samples and copies of records made under section 45 (Records of applications and interim orders)) that is required by this Act to be made available to a suspect, serious offender or volunteer must be made available in accordance with subsection (1)—
(a)as soon as practicable after the material comes into existence; or
(b)if the material is requested by the suspect, serious offender or volunteer or the suspect’s, serious offender’s or volunteer’s interview friend or lawyer—as soon as practicable after the making of the request.
NoteSection 60 (4) (a) deals with the timing of making sample material available, s 45 (3) deals with the timing of making copies available of records mentioned in s 45.
Suspect, serious offender or volunteer not to be charged for material or viewing video
If this Act requires material of any kind to be given to a suspect, serious offender or volunteer, or an opportunity to view a video recording to be given to a suspect, serious offender or volunteer, the material or the opportunity to view the video must be given without charge.
Proof of belief
In any proceeding, the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds about a matter mentioned in this Act.
Proof of impracticability
In any proceeding, the burden lies on the prosecution to prove on the balance of probabilities that it was not practicable to do something required by this Act to be done if practicable.
Liability for forensic procedures
No civil or criminal liability is incurred by anyone (including a police officer) who carries out, or helps to carry out, a forensic procedure under this Act in relation to anything done by the person in carrying out, or helping to carry out, the forensic procedure if—
(a)the person believed on reasonable grounds that—
(i)informed consent had been given to the carrying out of the forensic procedure; or
(ii)the carrying out of the forensic procedure without informed consent had been duly ordered by a police officer, court or magistrate under this Act; and
(b)the thing was done in good faith; and
(c)the doing of it was reasonable in all the circumstances.
NoteSection 107 states that the burden lies on the prosecution to prove on the balance of probabilities that a police officer had a belief on reasonable grounds.
Experts not obliged to carry out forensic procedures
This Act does not require a doctor, nurse, dentist, dental technician or appropriately qualified person to carry out a forensic procedure.
Disclosure of information
(1)A person who has access—
(a)to any information stored on the ACT DNA database; or
(b)to any other information revealed by a forensic procedure carried out on the suspect, serious offender or volunteer;
must not disclose that information except as provided by this section.
(2)A person may only disclose information stored on the ACT DNA database for 1 or more of the following purposes:
(a)the purpose of forensic comparison, by a police officer or anyone else prescribed by regulation, in the course of a criminal investigation or an investigation by a police officer relating to a missing or dead person;
(b)the purpose of making the information available, in accordance with the regulations, to the person to whom the information relates;
(c)the purpose of administering the ACT DNA database;
(d)the purpose of reviewing or auditing the ACT DNA database;
(e)for the purpose of, and in accordance with, an arrangement entered into under section 102 (Database information) for the provision of access to information on the ACT DNA database by law enforcement officers or anyone else prescribed by regulation;
(f)for the purpose of the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) or the Extradition Act 1988 (Cwlth);
(g)the purpose of a coronial inquest or inquiry;
(h)the purpose of investigation of a complaint by the information privacy commissioner (or someone who has corresponding functions under the law of another participating jurisdiction).
(3)A person may only disclose information revealed by the carrying out of a forensic procedure as follows:
(a)if the person is the suspect, serious offender or volunteer to whom the information relates;
(b)if the information is already publicly known;
(c)in accordance with any other provision of this Act;
(d)in accordance with the Mutual Assistance in Criminal Matters Act 1987 (Cwlth) or the Extradition Act 1988 (Cwlth);
(e)for the purposes of the investigation of any offence or offences generally;
(f)for the purpose of a decision whether to institute a proceeding for any offence;
(g)for the purpose of a proceeding for any offence;
(h)for the purpose of a coronial inquest or inquiry;
(i)for the purpose of a civil proceeding (including a disciplinary proceeding) that relates to how the procedure was carried out;
(j)for the purpose of the suspect’s, serious offender’s or volunteer’s medical treatment;
(k)for the purpose of the medical treatment of a victim of an offence if there are reasonable grounds to believe the offence was committed by the person on whom the forensic procedure was carried out;
(l)if the suspect, serious offender or volunteer consents in writing to the disclosure.
(4)This section does not apply to information that cannot be used to discover the identity of any person.
(5)A person commits an offence if—
(a)the person’s conduct causes the disclosure of information in contravention of this section; and
(b)the person intends, or is reckless about, the disclosure.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Taking, retention and use of forensic material in accordance with another law
(1)This Act does not affect the taking, retention or use of forensic material, or information obtained from forensic material, if the taking, retention or use of the material is authorised under another territory law or a law of the Commonwealth or a State.
(2)Without limiting subsection (1), this Act does not limit or exclude the Crimes Act 1900, part 10 (Criminal investigation) or part 11 (Investigation of extraterritorial offences).
(3)Forensic material, or information obtained from it, that was taken in accordance with a law of the Commonwealth or a State may be retained or used in the ACT for investigative, evidentiary or statistical purposes even if its retention or use would, apart from this subsection, constitute a breach of, or failure to comply with, any provision of this Act relating to the carrying out of forensic procedures.
Retention of electronic recordings
(1)A recording made by audiotape, videotape or other electronic means by a police officer in accordance with this Act that is no longer required for investigative or evidentiary purposes may be retained for the purposes, and for the period, the chief police officer directs.
(2)A recording that is retained under this section must be stored so as to protect it against unauthorised access or use by anyone.

Chapter 3Miscellaneous

Delegation by chief police officer
The chief police officer may delegate the chief police officer’s functions under this Act to a police officer of the rank of sergeant or above.
NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.
Regulation-making power
The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Chapter 4Transitional

Forensic procedures under pt 2.7
(1)A person is authorised by section 65 (Non–intimate forensic procedures authorised to be carried out) to carry out a forensic procedure under part 2.7 (Carrying out of certain forensic procedures after conviction of serious offenders) on a serious offender whether the serious offender was convicted of the serious offence concerned before, or is convicted of the serious offence concerned after, the commencement of that section.
(2)A person is authorised to carry out a forensic procedure under part 2.7 on a serious offender whether the serious offender was convicted of the serious offence concerned before, or is convicted of the serious offence concerned after, the commencement of this subsection.
Forensic material taken before commencement
Forensic material taken before the commencement of this section in accordance with the law of the Territory or the Commonwealth or a State, and information obtained from it, may be retained or used in the ACT for investigative, evidentiary or statistical purposes even if its retention or use would be, apart from this section, a breach of, or failure to comply with, any provision of this Act relating to the carrying out of forensic procedures.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and provisions that are relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:
·     adult
·     auditor-general (see s 163)
·     chief police officer
·     contravene
·     correctional centre
·     dentist
·     director of public prosecutions
·     doctor
·     domestic partner (see s 169)
·     entity (see s 184A)
·     function
·     health practitioner
·     human rights commissioner
·     information privacy commissioner
·     intersex person (see s 169B)
·     law, of the Territory
·     lawyer
·     magistrate
·     nurse
·     ombudsman
·     police officer
·     State
·     summary offence (see s 190)
·     territory law
·     transgender person (see s 169A)
·     under.

Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or Torres Strait Islander person; and
(b)identifies as an Aboriginal person or Torres Strait Islander person.
ACT DNA database—see section 94A.
agreed retention period—see section 80A (3).
another participating jurisdiction—see section 100.
appeal period, for an appeal to a court against an order, means the period stated by a territory law during which an appeal against the order may be made without the court’s leave.
appropriate authority—see section 100.
appropriately qualified person—see section 13.
arrest and removal order—see section 40A.
authorised applicant—see section 12.
child—see section 14.
close associate, for an incapable person—see section 14A.
correctional centre includes a NSW correctional centre.
NoteCorrectional centre and NSW correctional centre are defined in the Legislation Act, dict, pt 1.

corrections health practitioner, for a correctional centre, means a health practitioner appointed under the Corrections Management Act 2007, section 22 (Health practitioners—non‑therapeutic functions) for the centre.
corresponding law—see section 100.
crime scene index—see section 94.
dental technician—see the Health Act 1993, dictionary.
destroy—a person destroys forensic material taken from someone else by a forensic procedure, the results of the analysis of the material, or other information obtained from it, if the person destroys any means of identifying the forensic material or information with the person from whom it was taken or to whom it relates.
DNA database—see section 100.
DNA database system, for part 2.11 (ACT DNA database)—see section 94.
forensic material—see section 5.
forensic order means—
(a)    an order of a magistrate under section 33 (Final order for carrying out of forensic procedure); or
(b)    an interim order of a magistrate under section 41 (Interim order for immediate carrying out of forensic procedure); or
(c)    an order of a court under section 77 (Court order for carrying out of forensic procedure on serious offender) or section 78 (Carrying out of forensic procedure following conviction); or
(d)    an order of a magistrate under section 83 (Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person) or section 84 (Retention of forensic material etc by order of magistrate).
forensic procedure—see section 5.
incapable person—see section 15.
in custody—a person is in custody if the person is in the lawful custody of a police officer.
inform a person of a matter means inform the person of the matter, through an interpreter if necessary, in language (including sign language or braille) in which the person can communicate with reasonable fluency.
informed consent—
(a)    for a suspect—see section 21 (Informed consent of suspect to forensic procedure); and
(b)    for a serious offender—see section 69 (Informed consent of serious offender to forensic procedure); and
(c)    for a volunteer or parent, guardian or close associate of a volunteer—see section 80 (Informed consent of volunteer or parent, guardian or close associate of volunteer).
infringement notice means—
(a)    an infringement notice under the Road Transport (General) Act 1999; or
(b)    any other notice (however described) served on a person under a territory law that states to the effect that, if the person pays an amount in relation to an offence, no further action will be taken in relation to the offence.
interview friend—see section 16.
intimate forensic procedure—see section 6.
investigating police officer—see section 11.
jurisdiction—see section 100.
missing persons index—see section 94.
non-intimate forensic procedure—see section 7.
offence means an offence against a law in force in the ACT.
parent—see section 14.
participating jurisdiction—see section 100.
police station includes—
(a)    an ACT police station; and
(b)    any other building (or part of a building) occupied by the Australian Federal Police.
relevant person, for part 2.6 (Carrying out forensic procedures)—see section 48A.
responsible Minister—see section 100.
responsible person, for the ACT DNA database, means the person responsible for the care, control and management of the database.
sample, taken from a person, includes a sample taken from the person that consists of matter from someone else’s body.
serious offence—see section 9.
serious offender—see section 9.
serious offenders index—see section 94.
statistical index—see section 94.
suspect—see section 8.
suspects index—see section 94.
telephone includes any telecommunications device.
unknown deceased persons index—see section 94.
volunteer—see section 10.
volunteers (limited purposes) index—see section 94.
volunteers (unlimited purposes) index—see section 94.
warrant, for the apprehension of a person, includes a warrant issued under the Magistrates Court Act 1930, division 3.3.4 (Warrants) for the arrest or apprehension of the person.

Endnotes

About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key

A = Act NI = Notifiable instrument

AF = Approved form o = order

am = amended om = omitted/repealed

amdt = amendment ord = ordinance

AR = Assembly resolution orig = original

ch = chapter par = paragraph/subparagraph

CN = Commencement notice pres = present

def = definition prev = previous

DI = Disallowable instrument (prev...) = previously

dict = dictionary pt = part

disallowed = disallowed by the Legislative r = rule/subrule

Assembly reloc = relocated

div = division renum = renumbered

exp = expires/expired R[X] = Republication No

Gaz = gazette RI = reissue

hdg = heading s = section/subsection

IA = Interpretation Act 1967 sch = schedule

ins = inserted/added sdiv = subdivision

LA = Legislation Act 2001 SL = Subordinate law

LR = legislation register sub = substituted

LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced

mod = modified/modification or to be expired

Legislation history
Crimes (Forensic Procedures) Act 2000 A2000‑61
notified 5 October 2000 (Gaz 2000 No 40)
s 1, s 2 commenced 5 October 2000
remainder commenced 16 October 2000 (Gaz 2000 No S59)
as amended by
Justice and Community Safety Amendment Act 2001 A2001‑9 sch 1
notified 8 March 2001 (Gaz 2001 No 10)
amdts commenced 8 March 2001 (s 2 (2))
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.13
notified 5 September 2001 (Gaz 2001 No S65)
amdt 3.242 commenced 12 September 2001 (s 2 (2))
pt 3.13 remainder commenced 5 September 2001 (s 2 (1))
Crimes Legislation Amendment Act 2001 A2001‑63 pt 5
notified 10 September 2001 (Gaz 2001 No S66)
s 1, s 2 commenced 10 September 2001 (IA s 10B)
pt 5 commenced 27 September 2001 (s 2 (2) and CN2001-3)
Justice and Community Safety Legislation Amendment Act 2001 A2001‑70 sch 1
notified LR 14 September 2001
amdt commenced 14 September 2001 (s 2 (5))
Legislation Amendment Act 2002 A2002‑11 pt 2.13
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.13 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 A2002‑30 pt 3.12
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.12 commenced 17 September 2002 (s 2 (1))
Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.10
notified LR 27 March 2003
s 1, s 2 commenced 27 March 2003 (LA s 75 (1))
sch 1 pt 1.10 commenced 28 March 2003 (s 2)
Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.6
notified LR 11 September 2003
s 1, s 2 commenced 11 September 2003 (LA s 75 (1))
sch 3 pt 3.6 commenced 9 October 2003 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2004 (No 2) A2004-32 pt 9
notified LR 29 June 2004
s 1, s 2 commenced 29 June 2004 (LA s 75 (1))
pt 9 commenced 13 July 2004 (s 2 (3))
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.18
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

sch 1 pt 1.18 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.13
notified LR 12 May 2005
s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))
sch 3 pt 3.13 commenced 2 June 2005 (s 2 (1))
Sentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.9
notified LR 18 May 2006
s 1, s 2 commenced 18 May 2006 (LA s 75 (1))
sch 1 pt 1.9 commenced 2 June 2006 (s 2 (1) and see Crimes (Sentence Administration) Act 2005 A2005-59 s 2, Crimes (Sentencing) Act 2005 A2005-58, s 2 and LA s 79)
Crimes (Forensic Procedures) Amendment Act 2008 A2008-23 pt 2
notified LR 10 July 2008
s 1, s 2 commenced 10 July 2008 (LA s 75 (1))
pt 2 commenced 11 July 2008 (s 2)
Crimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.4
notified LR 9 September 2008
s 1, s 2 commenced 9 September 2008 (LA s 75 (1))
sch 1 pt 1.4 commenced 30 May 2009 (s 2 and CN2009-4)
Justice and Community Safety Legislation Amendment Act 2009 A2009-7 sch 1 pt 1.2
notified LR 5 March 2009
s 1, s 2 commenced 5 March 2009 (LA s 75 (1))
sch 1 pt 1.2 commenced 6 March 2009 (s 2 (1))
Health Practitioner Regulation National Law (ACT) Act 2010 A2010-10 sch 2 pt 2.6
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
sch 2 pt 2.6 commenced 1 July 2010 (s 2 (1) (a))
Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 2 pt 2.5
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))
s 3 commenced 6 October 2010 (s 2 (1))
sch 2 pt 2.5 commenced 2 November 2010 (s 2 (2))
Statute Law Amendment Act 2011 A2011-3 sch 3 pt 3.12
notified LR 22 February 2011
s 1, s 2 commenced 22 February 2011 (LA s 75 (1))
sch 3 pt 3.12 commenced 1 March 2011 (s 2)
Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.6
notified LR 31 August 2011
s 1, s 2 commenced 31 August 2011 (LA s 75 (1))
sch 3 pt 3.6 commenced 21 September 2011 (s 2 (1))
Evidence (Consequential Amendments) Act 2011 A2011-48 sch 1 pt 1.13
notified LR 22 November 2011
s 1, s 2 commenced 22 November 2011 (LA s 75 (1))
sch 1 pt 1.13 commenced 1 March 2012 (s 2 (1) and see Evidence Act 2011 A2011‑12, s 2 and CN2012-4)
Justice and Community Safety Legislation Amendment Act 2013 (No 3) A2013-20 sch 1 pt 1.2
notified LR 13 June 2013
s 1, s 2 commenced 13 June 2013 (LA s 75 (1))
sch 1 pt 1.2 commenced 14 June 2013 (s 2 (1))
Crimes Legislation Amendment Act 2013 (No 2) A2013-50 pt 6
notified LR 9 December 2013
s 1, s 2 commenced 9 December 2013 (LA s 75)
ss 13, 15 and 16 commenced 6 January 2014 (s 2 (1))
pt 6 remainder commenced 10 December 2013 (s 2 (2))
Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 sch 1 pt 1.5
notified LR 10 November 2014
s 1, s 2 commenced 10 November 2014 (LA s 75 (1))
sch 1 pt 1.5 commenced 17 November 2014 (s 2)
Crimes Legislation Amendment Act 2015 A2015-3 pt 4
notified LR 2 March 2015
s 1, s 2 commenced 2 March 2015 (LA s 75 (1))
pt 4 commenced 3 March 2015 (s 2 (1))
Crimes Legislation Amendment Act 2015 (No 2) A2015-36 pt 4
notified LR 1 October 2015
s 1, s 2 commenced 1 October 2015 (LA s 75)
pt 4 commenced 2 October 2015 (s 2)
Crimes (Domestic and Family Violence) Legislation Amendment Act 2015 A2015-40 sch 1 pt 1.6
notified LR 4 November 2015
s 1, s 2 commenced 4 November 2015 (LA s 75 (1))
sch 1 pt 1.6 commenced 4 May 2016 (s 2 (2))
Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.7
notified LR 25 September 2018
s 1, s 2 commenced 25 September 2018 (LA s 75 (1))
sch 1 pt 1.7 commenced 23 October 2018 (s 2 (4))
Sexual, Family and Personal Violence Legislation Amendment Act 2024 A2024-40 sch 1 pt 1.3
notified LR 12 September 2024
s 1, s 2 commenced 12 September 2024 (LA s 75 (1))
sch 1 pt 1.3 commenced 19 September 2024 (s 2)

Amendment history
Commencement
s 2om R1 LRA
Offences against Act—application of Criminal Code etc
s 4Ains A2008‑23 s 4
Preliminary
pt 2.1 hdgsub A2015‑36 s 12
What is an intimate forensic procedure?
s 6am A2003‑14 amdt 1.40; A2008‑23 s 5, s 6
What is a non-intimate forensic procedure?
s 7am A2008‑23 s 7, s 8
Meaning of serious offence and serious offender
s 9am A2008‑44 amdt 1.44
Meaning of volunteer
s 10am A2015‑36 s 13
Meaning of investigating police officer
s 11sub A2008‑23 s 9
Meaning of authorised applicant
s 12am A2008‑23 s 10
Meaning of appropriately qualified person
s 13am A2011‑3 amdt 3.152
Meaning of close associate
s 14Ains A2015‑36 s 14
Meaning of incapable person
s 15am A2015‑36 s 15, s 16
Interview friend
s 16am A2015‑3 s 8; A2015‑36 s 17, s 18; pars renum R25 LA
Police officer to ask if person is Aboriginal or Torres Strait Islander person
s 17am A2002‑30 amdt 3.134
om A2003‑14 amdt 1.41
ins A2015‑36 s 19
How forensic procedures may be authorised in different circumstances
s 18am A2003‑41 amdt 3.21; table renum R7 LA; A2008‑23 s 11
Matters that suspect must be informed of before giving consent
s 24am A2008‑23 ss 12-16
Aboriginal or Torres Strait Islander suspects
s 24Ains A2015‑36 s 20
Matters to be considered by police officer before ordering forensic procedure
s 29am A2001‑9 amdt 1.6
Circumstances in which magistrate may order forensic procedure
s 32am A2008‑23 s 17
Application for order
s 35am A2008‑23 s 18
Securing the presence of suspects at hearings—suspect not in custody
s 37am A2008‑23 s 19, A2013-20 amdt 1.2; A2013‑50 s 13; ss renum R22 LA; A2015‑3 s 9, s 10
Procedure at hearing of application for order
s 38am A2008‑23 s 20, s 21; ss renum R11 LA; A2010‑40 amdt 2.5; A2015‑3 s 11; A2015-40 amdt 1.9
Action to be taken on making of orders
s 39am A2008‑23 s 22; A2015‑3 s 12
Suspect in custody may be kept in custody for carrying out forensic procedure
s 40 hdgsub A2009‑7 amdt 1.2
s 40am A2009‑7 amdt 1.2
Magistrate may order arrest etc of suspect not in custody for carrying out forensic procedure
s 40Ains A2009‑7 amdt 1.3
Arrest, removal and detention of suspect
s 40Bins A2009‑7 amdt 1.3
Arrest and removal order—warrant to enter premises
s 40Cins A2009‑7 amdt 1.3
Warrant to enter premises—announcement before entry and copy of warrant
s 40Dins A2009‑7 amdt 1.3
Applications for interim orders
s 42am A2008‑23 s 23, s 24; A2011‑48 amdt 1.19; A2015‑3 s 13; A2018-33 amdt 1.13
Procedure at hearing of application for interim order
s 43am A2008‑23 s 25; A2018-33 amdt 1.13
Action to be taken on making of interim orders
s 44am A2018-33 amdt 1.13
Meaning of relevant person—pt 2.6
s 48Ains A2008‑23 s 26
General rules for carrying out forensic procedures
s 49am A2008‑23 s 27
Rules for carrying out forensic procedures—giving and recording information
s 49Ains A2003‑14 amdt 1.42
sub A2008‑23 s 28
Rules for carrying out forensic procedures—transgender and intersex people
s 49Bins A2008‑23 s 28
am A2015‑3 s 14
Forensic procedures not to be carried out in cruel, inhuman or degrading way
s 51am A2008‑23 s 29
Taking samples of hair
s 52sub A2008‑23 s 30
People who may carry out forensic procedures
s 53table renum R7 LA
am A2008‑23 ss 31-33
Sex of person carrying out or helping carry out forensic procedures
s 54sub A2008‑23 s 34
am A2013‑50 s 14
sub A2015‑3 s 15
Doctor or dentist of person’s choice may be present for most forensic procedures
s 56 hdgsub A2008‑23 s 35
s 56am A2008‑23 s 35; ss renum R11 LA; A2010‑10 amdt 2.23
Presence of interview friend or lawyer while forensic procedure is carried out
s 57am A2008‑23 ss 36-38; A2015‑3 s 16; A2015‑36 s 21; ss renum R25 LA
Presence of police officers while forensic procedure is carried out
s 58am A2008‑23 s 39, s 40
Recording of carrying out of forensic procedure
div 2.6.4 hdg sub A2008‑23 s 41
Recording of forensic procedure
s 59sub A2008‑23 s 41
Samples
s 60sub A2008‑23 s 42
Photographs or video recordings
s 61sub A2008‑23 s 42
Results of analysis
s 62sub A2008‑23 s 42
Non–intimate forensic procedures authorised to be carried out
s 65am A2008‑23 s 43
Forensic procedures to be in accordance with pt 2.6
s 67sub A2008‑23 s 44
Scope of authorisation
s 68sub A2008‑23 s 44
Matters to be considered by police officer before requesting consent to forensic procedure
s 71am A2006‑23 amdt 1.92
Matters that serious offender must be informed of before giving consent
s 72am A2006‑23 amdt 1.93; A2008‑23 ss 45-48; pars renum R11 LA; A2010‑10 amdt 2.23
Court order for carrying out of forensic procedure on serious offender
s 77am A2013‑50 s 15; ss renum R22 LA
Securing the presence of serious offender at hearing—offender in custody
s 77Ains A2013‑50 s 16
am A2015‑3 s 17
Securing the presence of serious offender at hearing—offender not in custody
s 77Bins A2013‑50 s 16
am A2015‑3 s 18, s 19
Procedure at hearing of application for order
s 77Cins A2013‑50 s 16
am A2015‑3 ss 20-22; A2015-40 amdt 1.10
Carrying out of forensic procedure following conviction
s 78am A2006‑23 amdts 1.94-1.97; A2008‑23 s 49
Carrying out of forensic procedures on volunteers
s 79am A2008‑23 s 50
sub A2015‑36 s 22
Informed consent of volunteer or parent, guardian or close associate of volunteer
s 80 hdgsub A2015‑36 s 23
s 80sub A2008‑23 s 51; A2015‑36 s 24
Consent to retention of forensic material taken etc
s 80Ains A2008‑23 s 51
am A2015‑36 s 25
Recording of giving of information etc
s 81sub A2008‑23 s 51
am A2015‑36 s 26
Withdrawal of consent or end of agreed retention period
s 82 hdgsub A2008‑23 s 52
s 82am A2008‑23 s 53, s 54; A2011‑3 amdt 3.153; A2015‑36 s 27
Circumstances in which magistrate may order carrying out of forensic procedure on child or incapable person
s 83am A2008‑23 s 55; A2015‑36 ss 28-30
Retention of forensic material etc by order of magistrate
s 84 hdgsub A2008‑23 s 56
s 84am A2008‑23 s 56, 57; ss renum R11 LA; A2011‑3 amdt 3.154; A2015‑36 s 31
Certain volunteers—information about matching of DNA profile
s 84Ains A2008‑23 s 58
Analysis of forensic material
pt 2.8A hdgins A2008‑23 s 59
Who may analyse forensic material?
s 84Bins A2008‑23 s 59
Inadmissibility of evidence from improper forensic procedures etc
s 85am A2008‑23 s 60, s 61
Inadmissibility of evidence if forensic material required to be destroyed
s 86am A2008‑23 s 62
Destruction of certain forensic material obtained by court order
s 90am A2008‑23 s 63, s 64
Application for destruction of forensic material after 1 year
s 92sub A2008‑23 s 65
ACT DNA database
pt 2.11 hdgsub A2008‑23 s 66
Definitions—Act
s 94 hdgsub A2008‑23 s 67
s 94sub A2001‑63 s 45
am A2011‑3 amdt 3.156
def ACT DNA database ins A2008‑23 s 68
def arrest and removal order ins A2009‑7 amdt 1.4
def corresponding DNA index sub A2001‑63 s 45
om A2011‑3 amdt 3.155
def corresponding statistical index sub A2001‑63 s 45
om A2011‑3 amdt 3.155
def crime scene index sub A2001‑63 s 45
def DNA database system sub A2001‑63 s 45
def missing persons index sub A2001‑63 s 45
def serious offenders index sub A2001‑63 s 45
def statistical index sub A2001‑63 s 45
def suspects index sub A2001‑63 s 45
def unknown deceased persons index sub A2001‑63 s 45
def volunteers (limited purposes) index sub A2001‑63 s 45
am A2008‑23 s 69
def volunteers (unlimited purposes) index sub A2001‑63 s 45
am A2008‑23 s 70; A2015‑36 s 32, s 33
ACT DNA database
s 94Ains A2008‑23 s 71
Supply of forensic material for prohibited analysis etc
s 95 hdgsub A2008‑23 s 72
s 95am A2001‑9 amdt 1.7 (see also A2001‑70 amdt 1.7); A2001‑63 s 46, s 47; A2008‑23 s 73, s 74
Use of information on ACT DNA database
s 96 hdgsub A2008‑23 s 75
s 96am A2008‑23 ss 76-79; ss renum R11 LA; A2014‑49 amdt 1.8, amdt 1.9
Permissible matching of DNA profiles
s 97am A2004‑32 s 74; ss renum R7 (see A2004‑32 s 75)
sub A2008‑23 s 80
Recording, retention and removal of identifying information on ACT DNA database
s 98sub A2008‑23 s 81
am A2011‑3 amdt 3.157
Removal of identifying information about suspects after 1 year
s 98Ains A2008‑23 s 81
Definitions relating to interstate enforcement
s 100def corresponding law sub A2001‑63 s 48
def DNA database sub A2001‑63 s 48; A2008‑23 s 82
def NCIDD ins A2008‑23 s 83
Database information
s 102sub A2008‑23 s 84
Powers of lawyers and interview friends
s 103sub A2008‑23 s 85
am A2015‑3 s 23
Obligation of investigating police officers relating to electronic recordings
s 104am A2008‑23 s 86; A2015‑3 s 24
Material required to be made available to suspect, serious offender or volunteer
s 105am A2008‑23 s 87, s 88
Disclosure of information
s 111am A2008‑23 ss 89-93; pars renum R11 LA; A2014‑49 amdt 1.10
Taking, retention and use of forensic material in accordance with another law
s 112am A2001‑56 amdt 3.241; A2024-40 amdt 1.4
Delegation by chief police officer
s 114sub A2002‑30 amdt 3.135
Forensic procedures under pt 2.7
s 116am A2008‑23 s 94
Existing arrangements—s 102
s 118ins A2008‑23 s 95
exp 11 July 2009 (s 118 (3))
Dictionary
dictam A2002‑11 amdt 2.27; A2002‑30 amdt 3.136; A2003‑14 amdt 1.43; A2008‑23 s 96; A2010‑10 amdt 2.24; A2011‑3 amdt 3.158; A2011‑28 amdt 3.47; A2014‑49 amdt 1.11, amdt 1.12; A2015‑36 s 34
def Aboriginal or Torres Strait Islander person ins A2015‑3 s 25
def ACT DNA database ins A2008‑23 s 97
def agreed retention period ins A2011‑3 amdt 3.159
def another Territory om A2011‑3 amdt 3.160
def appeal period ins A2008‑23 s 97
def arrest and removal order ins A2009‑7 amdt 1.4
def close associate ins A2015‑36 s 35
def correctional centre ins A2006‑23 amdt 1.98
def corrections health practitioner ins A2010‑10 amdt 2.25
def corrections health professional ins A2008‑23 s 97
om A2010‑10 amdt 2.25
def dental technician ins A2011‑28 amdt 3.48
def DNA database system sub A2008‑23 s 98
def forensic order am A2015‑36 s 36
def function om A2002‑30 amdt 3.137
def health professional ins A2008‑23 s 99
om A2010‑10 amdt 2.26
def informed consent am A2015‑36 s 37
def medical officer ins A2006‑23 amdt 1.98
om A2008‑23 s 100
def member of the opposite sex om A2002‑30 amdt 3.138
def member of the same sex om A2002‑30 amdt 3.138
def opposite sex ins A2002‑30 amdt 3.139
om A2003‑14 amdt 1.44
def prison om A2006‑23 amdt 1.99
def prison medical officer om A2006‑23 amdt 1.99
def recognised transgender person om A2003‑14 amdt 1.45
def relevant person ins A2008‑23 s 101
def remand centre om A2006‑23 amdt 1.99
def responsible person sub A2008‑23 s 102
def same sex ins A2002‑30 amdt 3.139
om A2003‑14 amdt 1.46
def summary offence am A2001‑56 amdt 3.242
om A2002‑11 amdt 2.28
def transgender person om A2003‑14 amdt 1.47
def warrant am A2004‑60 amdt 1.112; A2005‑20 amdt 3.106
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date Effective Last amendment made by Republication for

R1 (RI)
16 Oct 2003 16 Oct 2000–
7 Mar 2001 not amended new Act
reissue of printed version

R1A
16 Oct 2003 8 Mar 2001–
4 Sept 2001 A2001‑9 amendments by A2001‑9

R2
23 Nov 2001 27 Sept 2001–
27 May 2002 A2001‑70 amendments by A2001‑56, A2001‑63 and A2001‑70

R3
28 May 2002 28 May 2002–
16 Sept 2002 A2002‑11 amendments by A2002‑11

R4
17 Sept 2002 17 Sept 2002–
27 Mar 2003 A2002‑30 amendments by A2002‑30

R5
28 Mar 2003 28 Mar 2003–
8 Oct 2003 A2003‑14 amendments by A2003‑14

R6*
9 Oct 2003 9 Oct 2003–
12 July 2004 A2003‑41 amendments by A2003‑41

R7
13 July 2004 13 July 2004–
9 Jan 2005 A2004‑32 amendments by A2004‑32

R8
10 Jan 2005 10 Jan 2005–
1 June 2005 A2004‑60 amendments by A2004‑60

R9
2 June 2005 2 June 2005–
1 June 2006 A2005‑20 amendments by A2005‑20

R10
2 June 2006 2 June 2006–
10 July 2008 A2006‑23 amendments by A2006‑23

R11
11 July 2008 11 July 2008–
5 Mar 2009 A2008‑23 amendments by A2008‑23

R12
6 Mar 2009 6 Mar 2009–
29 May 2009 A2009‑7 amendments by A2009‑7

R13
30 May 2009 30 May 2009–
11 July 2009 A2009‑7 amendments by A2008‑44

R14*
12 July 2009 12 July 2009–
30 June 2010 A2009‑7 commenced expiry

R15
1 July 2010 1 July 2010–
1 Nov 2010 A2010‑10 amendments by A2010‑10

R16
2 Nov 2010 2 Nov 2010–
28 Feb 2011 A2010‑40 amendments by A2010‑40

R17
1 Mar 2011 1 Mar 2011–
20 Sept 2011 A2011‑3 amendments by A2011‑3

R18
21 Sept 2011 21 Sept 2011–
29 Feb 2012 A2011‑28 amendments by A2011‑28

R19
1 Mar 2012 1 Mar 2012–
13 June 2013 A2011-48 amendments by A2011-48

R20
14 June 2013 14 June 2013–
9 Dec 2013 A2013-20 amendments by A2013-20

R21
10 Dec 2013 10 Dec 2013–
5 Jan 2014 A2013‑50 amendments by A2013‑50

R22
6 Jan 2014 6 Jan 2014–
16 Nov 2014 A2013‑50 amendments by A2013‑50

R23
17 Nov 2014 17 Nov 2014–
2 Mar 2015 A2014‑49 amendments by A2014‑49

R24
3 Mar 2015 3 Mar 2015–
1 Oct 2015 A2015‑3 amendments by A2015‑3

R25
2 Oct 2015 2 Oct 2015–
3 May 2016 A2015-36 amendments by A2015-36

R26
4 May 2016 4 May 2016–
22 Oct 2018 A2015-40 amendments by A2015-40

R27
23 Oct 2018 23 Oct 2018–
18 Sept 2024 A2018‑33 amendments by A2018‑33

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

Republication No and date	Effective	Last amendment made by	Republication for
R1 (RI) 16 Oct 2003	16 Oct 2000– 7 Mar 2001	not amended	new Act reissue of printed version
R1A 16 Oct 2003	8 Mar 2001– 4 Sept 2001	A2001‑9	amendments by A2001‑9
R2 23 Nov 2001	27 Sept 2001– 27 May 2002	A2001‑70	amendments by A2001‑56, A2001‑63 and A2001‑70
R3 28 May 2002	28 May 2002– 16 Sept 2002	A2002‑11	amendments by A2002‑11
R4 17 Sept 2002	17 Sept 2002– 27 Mar 2003	A2002‑30	amendments by A2002‑30
R5 28 Mar 2003	28 Mar 2003– 8 Oct 2003	A2003‑14	amendments by A2003‑14
R6* 9 Oct 2003	9 Oct 2003– 12 July 2004	A2003‑41	amendments by A2003‑41
R7 13 July 2004	13 July 2004– 9 Jan 2005	A2004‑32	amendments by A2004‑32
R8 10 Jan 2005	10 Jan 2005– 1 June 2005	A2004‑60	amendments by A2004‑60
R9 2 June 2005	2 June 2005– 1 June 2006	A2005‑20	amendments by A2005‑20
R10 2 June 2006	2 June 2006– 10 July 2008	A2006‑23	amendments by A2006‑23
R11 11 July 2008	11 July 2008– 5 Mar 2009	A2008‑23	amendments by A2008‑23
R12 6 Mar 2009	6 Mar 2009– 29 May 2009	A2009‑7	amendments by A2009‑7
R13 30 May 2009	30 May 2009– 11 July 2009	A2009‑7	amendments by A2008‑44
R14* 12 July 2009	12 July 2009– 30 June 2010	A2009‑7	commenced expiry
R15 1 July 2010	1 July 2010– 1 Nov 2010	A2010‑10	amendments by A2010‑10
R16 2 Nov 2010	2 Nov 2010– 28 Feb 2011	A2010‑40	amendments by A2010‑40
R17 1 Mar 2011	1 Mar 2011– 20 Sept 2011	A2011‑3	amendments by A2011‑3
R18 21 Sept 2011	21 Sept 2011– 29 Feb 2012	A2011‑28	amendments by A2011‑28
R19 1 Mar 2012	1 Mar 2012– 13 June 2013	A2011-48	amendments by A2011-48
R20 14 June 2013	14 June 2013– 9 Dec 2013	A2013-20	amendments by A2013-20
R21 10 Dec 2013	10 Dec 2013– 5 Jan 2014	A2013‑50	amendments by A2013‑50
R22 6 Jan 2014	6 Jan 2014– 16 Nov 2014	A2013‑50	amendments by A2013‑50
R23 17 Nov 2014	17 Nov 2014– 2 Mar 2015	A2014‑49	amendments by A2014‑49
R24 3 Mar 2015	3 Mar 2015– 1 Oct 2015	A2015‑3	amendments by A2015‑3
R25 2 Oct 2015	2 Oct 2015– 3 May 2016	A2015-36	amendments by A2015-36
R26 4 May 2016	4 May 2016– 22 Oct 2018	A2015-40	amendments by A2015-40
R27 23 Oct 2018	23 Oct 2018– 18 Sept 2024	A2018‑33	amendments by A2018‑33