Crimes (Forensic Procedures) Act 2000 (NSW)
Equality Legislation Amendment (LGBTIQA+) Bill 2023 [Non-government Bill— Mr A H Greenwich, MP]
An Act to make provision with respect to the powers to carry out forensic procedures on certain persons and to make provision with respect to a DNA database system; to make a related amendment to the Justices Act 1902 and consequential amendments to the Crimes Act 1900; and for other purposes.
This Act is the Crimes (Forensic Procedures) Act 2000.
This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).
Section 121 commences on the date of assent.
In this Act—
(a) the police officer in charge of a police station, or
(b) a custody manager within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002, or
(c) an investigating police officer in relation to an offence, or
(d) the Director of Public Prosecutions.
(a) samples, or
(b) hand prints, finger prints, foot prints or toe prints, or
(c) photographs, or
(d) casts or impressions,
taken from or of a person’s body.
(a) an intimate forensic procedure, or
(b) a non-intimate forensic procedure,
(c) (Repealed)
but does not include—
(d) any intrusion into a person’s body cavities except the mouth, or
(e) the taking of any sample for the sole purpose of establishing the identity of the person from whom the sample is taken.
Paragraph (e) makes it clear that the Act only applies to samples taken for forensic purposes and not to samples taken purely to establish the identity of a person.
(a) is incapable of understanding the general nature and effect of a forensic procedure, or
(b) is incapable of indicating whether he or she consents or does not consent to a forensic procedure being carried out.
(a) a suspect—is defined in section 9, and
(b) a serious indictable offender—is defined in section 67, and
(b1) an untested former offender—is defined in section 75F, and
(b2) an untested registrable person—is defined in section 75V, and
(c) a volunteer or parent or guardian of a volunteer—is defined in section 77.
(a) an external examination of a person’s private parts,
(b) the carrying out on a person of an other-administered buccal swab,
(c) the taking from a person of a sample of the person’s blood,
(d) the taking from a person of a sample of the person’s pubic hair,
(e) the taking from a person of a sample of any matter, by swab or washing, from the person’s private parts,
(f) the taking from a person of a sample of any matter, by vacuum suction, scraping or lifting by tape, from the person’s private parts,
(g) the taking from a person of a dental impression,
(h) the taking of a photograph of the person’s private parts,
(i) the taking from a person of an impression or cast of a wound from the person’s private parts.
(a) an external examination of a part of a person’s body, other than the person’s private parts, that requires touching of the body or removal of clothing,
(b) the carrying out on a person of a self-administered buccal swab,
(c) the taking from a person of a sample of the person’s hair, other than pubic hair,
(d) the taking from a person of a sample (such as a nail clipping) of the person’s nails or of matter from under the person’s nails,
(e) the taking from a person of a sample of any matter, by swab or washing, from any external part of the person’s body, other than the person’s private parts,
(f) the taking from a person of a sample of any matter, by vacuum suction, scraping or lifting by tape, from any external part of the person’s body, other than the person’s private parts,
(g) the taking from a person of the person’s hand print, finger print, foot print or toe print,
(h) the taking of a photograph of a part of a person’s body, other than the person’s private parts,
(i) the taking from a person of an impression or cast of a wound from a part of the person’s body, other than the person’s private parts,
(j) the taking of measurement of a person’s body or any part of a person’s body (other than the person’s private parts) whether or not involving the marking of the person’s body.
(a) a serious indictable offender, or
(b) a prescribed offender.
A home detention order is taken to be an intensive correction order that is subject to a home detention condition. See Part 29 of Schedule 2 to that Act.
(a) a police station of a State or Territory, and
(b) a building that is occupied by members of the NSW Police Force and that is nominated by the Commissioner of Police for the purposes of this paragraph, and
(c) a building occupied by the Australian Federal Police.
(a) an indictable offence, or
(b) any other offence under a law of the State prescribed by the regulations for the purposes of this paragraph.
(a) an indictable offence under a law of the State or of a participating jurisdiction that is punishable by imprisonment for life or a maximum penalty of 5 or more years imprisonment, or
(b) an indictable offence under a law of the State that is punishable by a maximum penalty of less than 5 years imprisonment, being an offence the elements constituting which (disregarding territorial considerations) are the same as an offence under a law of a participating jurisdiction that is punishable by a maximum of 5 or more years imprisonment.
(a) a person whom a police officer suspects on reasonable grounds has committed an offence,
(b) a person charged with an offence,
(c) a person who has been summoned to appear before a court in relation to an offence alleged to have been committed by the person.
(d) (Repealed)
(a) the time (if any) that is reasonably required to convey a suspect from the place where the suspect presents himself or herself to an investigating police officer to the nearest premises where facilities for carrying out a forensic procedure in accordance with this Act are available to the investigating police officer,
(b) any time that is reasonably spent waiting for an investigating police officer or appropriately qualified person who is to carry out the forensic procedure to arrive at the place where the procedure is to be carried out,
(c) any time that is reasonably spent waiting for facilities or equipment that are needed to carry out the procedure to become available,
(d) any time during which carrying out the procedure is suspended or delayed to allow the suspect, or someone else on the suspect’s behalf, to communicate with an Australian legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person as provided by this Act,
(e) any time during which carrying out the procedure is suspended or delayed to allow such an Australian legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person to arrive at the place where the procedure is to be carried out,
(f) any time during which carrying out the procedure is suspended or delayed to allow the suspect to consult with an Australian legal practitioner, friend, relative, parent, guardian, interpreter, medical practitioner, dentist or other person at the place where the procedure is to be carried out as provided by this Act,
(g) any time during which carrying out the procedure is suspended or delayed to allow the suspect to receive medical attention,
(h) any time during which carrying out the procedure is suspended or delayed to allow the suspect to recover from the effects of intoxication due to alcohol or another drug (or both),
(i) any time during which carrying out the procedure is suspended or delayed to allow the suspect to rest or receive refreshments or to give the suspect access to toilet and other facilities,
(j) any time during which carrying out the procedure is suspended or delayed at the request of the suspect,
(k) any time that is reasonably spent waiting for a senior police officer or a Magistrate or other authorised officer to make an order as provided by this Act.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(Repealed)
For the purposes of this Act, a
For the purposes of this Act, a person
For the purposes of this Act, a person who is required to destroy forensic material is required not only to destroy the material but also to ensure that any information that relates any DNA profile derived from that material to a person whose DNA it describes is removed from the DNA database system.
In this Act, a reference to a person being
(a) who identifies as a member of the opposite sex, by living, or seeking to live, as a member of the opposite sex, or
(b) who has identified as a member of the opposite sex by living as a member of the opposite sex, or
(c) who, being of indeterminate sex, identifies as a member of a particular sex by living as a member of that sex,
and includes a reference to the person being thought of as a transgender person, whether the person is, or was, in fact a transgender person.
In this Act (other than subsection (6)), a reference—
(a) to a member of the opposite sex of a person means, if the person is a transgender person, a member of the opposite sex to the sex with which the transgender person identifies, and
(b) to a member of the same sex as a person means, if the person is a transgender person, a member of the same sex as the sex with which the transgender person identifies.
Notes included in the text of this Act do not form part of this Act.
This section lists the people who may act as an
If the suspect or serious indictable offender is a child or an incapable person, the following people may act as
(a) a parent or guardian, or other person, chosen by, or acceptable to, the suspect or offender,
(b) a legal representative of the suspect or offender,
(c) if the suspect or offender identifies as an Aboriginal person or a Torres Strait Islander and none of the previously mentioned persons is available—a representative of an Aboriginal legal aid organisation or a person whose name is on the relevant list maintained under section 116 (1) who is chosen by, or acceptable to, the suspect or offender,
(d) if none of the previously mentioned persons is available—a person who is not a police officer or in any way involved in the investigation of an offence in relation to which a forensic procedure is proposed to be carried out, or is carried out, on the suspect or offender.
Where the suspect or serious indictable offender identifies as an Aboriginal person or Torres Strait Islander, and is not covered by subsection (2), the following people may act as
(a) a relative or other person chosen by the suspect or offender,
(b) an Australian legal practitioner acting for the suspect or offender,
(c) if none of the previously mentioned persons is available—a representative of an Aboriginal legal aid organisation, or a person whose name is included in the relevant list maintained under section 116 (1).
A suspect or serious indictable offender who has a legal representative may also have an interview friend who is not the suspect’s or offender’s legal representative.
A person is
(a) the person has suitable professional qualifications or experience to carry out the forensic procedure, or
(b) the Commissioner of Police authorises the person in writing to carry out the forensic procedure, or
(c) the person is qualified under the regulations to carry out the forensic procedure.
An authorisation under subsection (1)(b) may be given in relation to—
(a) a specified procedure or class of procedures, or
(b) a specified person or class of persons.
The following table 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.
Authority for forensic procedures
Suspect’s status | Intimate forensic procedure | Non-intimate forensic procedure |
Adult not under arrest | With informed consent under Part 3 By order of a Magistrate or an authorised officer under Part 5 | With informed consent under Part 3 By order of a Magistrate or an authorised officer under Part 5 |
Adult under arrest | With informed consent under Part 3 By order of a Magistrate or an authorised officer under Part 5 | With informed consent under Part 3 By order of a senior police officer under Part 4 |
Incapable person (whether or not under arrest) | By order of a Magistrate or an authorised officer under Part 5 | By order of a Magistrate or an authorised officer under Part 5 |
Child at least 10 but under 18 (whether or not under arrest) | By order of a Magistrate or an authorised officer under Part 5 | By order of a Magistrate or an authorised officer under Part 5 |
The following table sets out in general terms the time limits that apply to the carrying out of a forensic procedure on a suspect depending on the status of the suspect and the source of the authority to carry out the procedure.
Time limits for forensic procedures
Suspect’s status | Procedure with suspect’s consent (Part 3) | Procedure by order of a senior police officer (Part 4) | Procedure by order of a Magistrate or an authorised officer (Part 5) |
Child or an incapable person, not under arrest | Not applicable | Not applicable | Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding “time out” (see section 40) |
Suspect, including person identifying as Aboriginal person or Torres Strait Islander (not a child or an incapable person), not under arrest | Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding “time out” (see section 16) | Not applicable | Procedure must be carried out within 2 hours after suspect presents to investigating police officer, disregarding “time out” (see section 40) |
Child or an incapable person, under arrest | Not applicable | Not applicable | Procedure must be carried out not later than 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” (see Division 4 of Part 5) |
Suspect, including person identifying as Aboriginal person or Torres Strait Islander (not a child or an incapable person), under arrest | Suspect may be detained in accordance with Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002, for 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” (see section 7 (3) and (4)) |
Suspect may be detained in accordance with Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002, for 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” (see section 17 (3) and (4)) | Procedure must be carried out not later than 2 hours after the end of the investigation period permitted under section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002, disregarding “time out” |
A person is authorised to carry out a forensic procedure on a suspect with the informed consent of the suspect. The person is authorised to carry out the procedure in accordance with Part 6 and not otherwise.
This Part does not authorise the carrying out of a forensic procedure on a suspect who is—
(a) a child, or
(b) an incapable person.
This Part does not authorise keeping a suspect under arrest, in order to carry out a forensic procedure, for more than 2 hours after the expiration of the investigation period provided for by section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002.
In working out any period of time for the purposes of subsection (3), any time out is to be disregarded.
Nothing in this Act or Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 prevents the carrying out of a forensic procedure, with the informed consent of the suspect, during the investigation period provided for by section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002. However, neither carrying out the forensic procedure, nor any delays associated with carrying out the forensic procedure, operates to extend the investigation period provided for by section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002.
Before asking a suspect to consent to a forensic procedure under this Part, a police officer must ask the suspect whether the suspect identifies as an Aboriginal person or Torres Strait Islander.
This section applies where—
(a) a police officer intends to ask a suspect to consent to a forensic procedure, and
(b) the suspect does not identify as an Aboriginal person or Torres Strait Islander.
A suspect gives informed consent to a forensic procedure if the suspect consents after a police officer—
(a) asks the suspect to consent to the forensic procedure under section 11, and
(b) personally or in writing, gives the suspect—
(i) the information that the suspect must be given under section 13 (1) (a), (e), (f), (g), (i), (j) and (k), and
(ii) a description of the nature of the information that the suspect must be given under section 13 (1) (b), (c) and (d) (but not the specific information that the suspect is to be given under these paragraphs in relation to the particular forensic procedure), and
(c) informs the suspect about the forensic procedure in accordance with section 13, and
(d) gives the suspect a reasonable opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the suspect’s choice and, subject to subsection (3), to do so in private.
If the suspect is under arrest, the police officer need not allow the suspect to communicate, or attempt to communicate, with the Australian legal practitioner in private if 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.
This section applies where—
(a) a police officer intends to ask a suspect to consent to a forensic procedure, and
(b) the suspect identifies as an Aboriginal person or Torres Strait Islander.
A suspect gives informed consent to a forensic procedure if the suspect consents after a police officer—
(a) asks the suspect to consent to the forensic procedure under section 11, and
(b) gives the suspect a written statement setting out—
(i) the information that the suspect must be given under section 13 (1) (a), (e), (f), (g), (h), (i), (j) and (k), and
(ii) the nature of the information that the suspect must be given under section 13 (1) (b), (c) and (d) (but not the specific information that the suspect is to be given under these paragraphs in relation to the particular forensic procedure), and
(c) informs the suspect about the forensic procedure in accordance with section 13, and
(d) complies with the rest of this section.
The police officer must not ask the suspect to consent to the forensic procedure unless—
(a) an interview friend is present, or
(b) the suspect has expressly and voluntarily waived his or her right to have an interview friend present.
Section 106 relates to proving a waiver under paragraph (b).
Before asking the suspect to consent to a forensic procedure, the police officer must—
(a) inform the suspect that a representative of an Aboriginal legal aid organisation will be notified that the suspect is to be asked to consent to a forensic procedure, and
(b) notify such a representative accordingly.
The police officer is not required to comply with subsection (4) if he or she is aware that the suspect—
(a) has arranged for a legal representative to be present, or
(b) has expressly and voluntarily waived his or her right to have a legal representative present,
while the suspect is being asked to consent to the forensic procedure.
After asking a suspect covered by subsection (3) (b) to consent to a forensic procedure, the police officer must give the suspect a reasonable opportunity to communicate, or attempt to communicate, with an Australian legal practitioner of the suspect’s choice and, subject to subsection (8), to do so in private.
After asking a suspect not covered by subsection (3) (b) to consent to a forensic procedure, the police officer must allow the suspect to communicate with the interview friend (if any), and with the suspect’s legal representative (if any), and, subject to subsection (8), to do so in private.
If a suspect covered by subsection (6) or (7) is under arrest, the police officer need not allow the suspect to communicate, or attempt to communicate, with the Australian legal practitioner, or the suspect’s interview friend or legal representative, in private if 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.
An interview friend (other than a legal representative) of the suspect may be excluded from the presence of the police officer and the suspect if—
(a) the interview friend unreasonably interferes with or obstructs the police officer in asking the suspect to consent to the forensic procedure, or in informing the suspect as required by section 13, or
(b) the police officer forms a belief based on reasonable grounds that the presence of the interview friend could be prejudicial to the investigation of an offence because the interview friend may be a co-offender of the suspect or may be involved in some other way, with the suspect, in the commission of the offence.
If an interview friend is excluded under subsection (9), a suspect may choose another person to act as his or her interview friend. If the suspect does not waive his or her right to have an interview friend present and does not choose another person as an interview friend, the police officer may arrange for any person who may act as an interview friend under section 4 to be present as an interview friend.
A police officer may not ask a suspect to undergo a forensic procedure unless satisfied—
(a) that section 8, and section 9 or 10, as the case requires, have been complied with, and
(b) that the circumstances referred to in subsection (2) or (3) exist, and
(c) that the suspect is neither a child nor an incapable person, and
(d) that the request for consent is justified in all the circumstances.
In the case of an intimate forensic procedure—
(a) the act or omission in respect of which the suspect is a suspect must constitute a prescribed offence, and
(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove—
(i) that the suspect has committed the prescribed offence referred to in paragraph (a), or
(ii) that the suspect has committed some other prescribed offence.
In the case of a non-intimate forensic procedure—
(a) the act or omission in respect of which the suspect is a suspect must constitute an offence, and
(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove—
(i) that the suspect has committed the offence referred to in paragraph (a), or
(ii) that the suspect has committed some other offence.
(Repealed)
The police officer must (personally or in writing) 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, is being or will be recorded by electronic means, or in writing, and that the suspect has a right to be given an opportunity to hear or view the recording as provided by section 100,
(b) the purpose for which the forensic procedure is required,
(c) 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 police officer or person,
(g) if relevant, the matters specified in subsection (2),
(h) if the suspect identifies as an Aboriginal person or a Torres Strait Islander—that the suspect’s interview friend may be present while the forensic procedure is carried out,
(i) that the suspect may refuse to consent to the carrying out of the forensic procedure,
(j) the consequences of not consenting, as specified in subsection (3), (4) or (5) (whichever is applicable),
(k) if the police officer intends forensic material obtained from the carrying out of the forensic procedure to be used for the purpose of deriving a DNA profile on the suspect—that information obtained from analysis of the forensic material obtained from carrying out the forensic procedure may be placed on the DNA database system and the rules that will apply under this Act to its disclosure and use, including that the information may be compared with information from the DNA database systems of other participating jurisdictions.
In the case of—
(a) an intimate forensic procedure, or
(b) a non-intimate forensic procedure that involves the taking of an impression or cast of a wound from a part of the suspect’s body,
the police officer must inform the suspect that the suspect may ask that a medical practitioner or dentist (depending on the kind of procedure) of his or her choice be present while the procedure is being carried out.
If the suspect is under arrest 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 senior police officer may order the carrying out of the forensic procedure under Part 4 if he or she is satisfied of the matters referred to in section 20.
If the suspect is under arrest in relation to a prescribed offence and the forensic procedure is an intimate forensic procedure, the police officer must inform the suspect that, if the suspect does not consent, an application may be made to a Magistrate or other authorised officer for an order authorising the carrying out of the forensic procedure.
If the suspect is not under arrest, the police officer must inform the suspect that, if the suspect does not consent, an application may be made to a Magistrate or other authorised officer for an order authorising the carrying out of the forensic procedure.
(Repealed)
If a person expressly withdraws consent to the carrying out of a forensic procedure under this Part (or if the withdrawal of such consent can reasonably be inferred from the person’s conduct) before or during the carrying out of the forensic procedure—
(a) the forensic procedure is to be treated from the time of the withdrawal as a forensic procedure for which consent has been refused, and
(b) the forensic procedure is not to proceed except by order of a senior police officer under Part 4 or a Magistrate or other authorised officer under Part 5.
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 electronic means.
If the recording of the giving of the information and the suspect’s responses (if any) by electronic means is not practicable—
(a) an independent person who is not a police officer must be present while the information is given and while any responses are made, and
(b) a police officer must make a written record of the information that is given and any responses that are made, and
(c) the police officer by whom the record is made must ensure that a copy of the record is made available to the suspect.
Part 13 contains provisions about making copies of material (including copies of tapes) available to the suspect.
Subsection (2) (a) does not apply if the suspect expressly and voluntarily waives his or her right to have an independent person present, but such a person may nevertheless be present if the investigating police officer so directs.
If a suspect who is not under arrest—
(a) consents to a forensic procedure, and
(b) presents himself or herself to an investigating police officer to undergo the procedure,
the procedure must be carried out as quickly as reasonably possible but in any case within 2 hours after the suspect so presents himself or herself.
In working out any period of time for the purposes of subsection (1), any time out is to be disregarded.
A person is authorised to carry out a non-intimate forensic procedure on a suspect by order of a senior police officer under section 18. The person is authorised to carry out the procedure in accordance with Part 6 and not otherwise.
This Part does not authorise the carrying out of a forensic procedure on a suspect who is—
(a) a child, or
(b) an incapable person.
This Part does not authorise keeping a suspect under arrest, in order to carry out a forensic procedure, for more than 2 hours after the expiration of the investigation period provided for by section 115 of the Law Enforcement (Powers and Responsibilities) Act 2002.
In working out any period of time for the purposes of subsection (3), any time out is to be disregarded.
Nothing in this Act or Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 prevents the carrying out of a forensic procedure, in accordance with a senior police officer’s order under section 18, during the investigation period provided for by section 115 of that Act. However, neither carrying out the forensic procedure, nor any delays associated with carrying out the forensic procedure, operate to extend the investigation period provided for by Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002.
A senior police officer may order the carrying out of a non-intimate forensic procedure on a suspect who is under arrest if—
(a) the suspect has been asked under Part 3 to consent to the carrying out of the forensic procedure, and
(b) the suspect has not consented, and
(c) the senior police officer is satisfied as required by section 20.
If the senior police officer needs to decide between taking a sample of the suspect’s hair or the carrying out of a self-administered buccal swab, an order for the taking of a sample of hair may not be made unless, following inquiry by the police officer—
(a) the suspect has indicated that he or she prefers the taking of a sample of hair, or
(b) the suspect has failed to indicate that he or she will carry out a self-administered buccal swab.
(Repealed)
A senior police officer may not order the carrying out of a non-intimate forensic procedure under section 18 (1) unless satisfied—
(a) that the suspect is under arrest, and
(b) that there are reasonable grounds to believe that the suspect has committed an offence, and
(c) that there are reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect has committed the offence referred to in paragraph (b), and
(d) that the suspect is neither a child nor an incapable person, and
(e) that the carrying out of such a procedure is justified in the circumstances.
The senior police officer may make an order under section 18 in person or, if that is not practicable, by telephone, radio, telex, facsimile or other means of transmission.
If an order is made by radio or other form of oral communication, the senior police officer must ensure that—
(a) the suspect or the suspect’s legal representative, if any, and
(b) the suspect’s interview friend, if any,
are given an opportunity to speak to the senior police officer.
If the order is made by telex, facsimile or other form of written communication, the senior police officer must ensure that—
(a) the suspect or the suspect’s legal representative, if any, and
(b) the suspect’s interview friend, if any,
are given an opportunity to make a written submission to the senior police officer, or to speak to the senior police officer by telephone, radio or other form of oral communication.
The senior police officer must, at the time of, or as soon as practicable after, making an order under section 18, make a record of—
(a) the order made, and
(b) the date and time when the order was made, and
(c) the reasons for making it,
and must sign the record.
The senior police officer must ensure that a copy of the record is sent to or made available to the suspect as soon as practicable after the record is made.
A person is authorised to carry out a forensic procedure on a suspect by order of a Magistrate under section 24 or 27, or by order of an authorised officer under section 32. The person is authorised to carry out the procedure in accordance with Part 6 and not otherwise.
An order may be made by a Magistrate under section 24, or by an authorised officer under section 32, for the carrying out of a forensic procedure on a suspect if—
(a) the suspect is not under arrest and has not consented to the forensic procedure, or
(b) the suspect is under arrest and has not consented to the forensic procedure, or
(c) the suspect is a child or an incapable person.
A Magistrate may order the carrying out of a forensic procedure if satisfied on the balance of probabilities—
(a) that the circumstances referred to in subsection (2) or (3) exist, and
(b) that the carrying out of such a procedure is justified in all the circumstances.
In the case of an intimate forensic procedure—
(a) there must be reasonable grounds to believe that the suspect has committed a prescribed offence, and
(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect has committed the offence referred to in paragraph (a).
In the case of a non-intimate forensic procedure—
(a) there must be reasonable grounds to believe that the suspect has committed an offence, and
(b) there must be reasonable grounds to believe that the procedure might produce evidence tending to confirm or disprove that the suspect has committed the offence referred to in paragraph (a).
In determining whether or not the carrying out of the forensic procedure is justified in all the circumstances, the Magistrate must balance the public interest in obtaining evidence as to whether or not the suspect committed the alleged offence against the public interest in upholding the suspect’s physical integrity, having regard to the following—
(a) the gravity of the alleged offence,
(b) the seriousness of the circumstances in which the offence is alleged to have been committed,
(c) the degree to which the suspect is alleged to have participated in the commission of the offence,
(d) the age, cultural background and physical and mental health of the suspect, to the extent to which they are known,
(e) in the case of a suspect who is a child or an incapable person, the best interests of the child or person,
(f) such other practicable ways of obtaining evidence as to whether or not the suspect committed the alleged offence as are less intrusive,
(g) such reasons as the suspect may have given for refusing to consent to the carrying out of the forensic procedure concerned,
(h) in the case of a suspect who is in custody, the period for which the suspect has been in custody and the reasons for any delay in the making of an application for an order under this section,
(i) such other matters as the Magistrate considers relevant to the balancing of those interests.
(Repealed)
An authorised applicant (but no other person) may apply to a Magistrate for an order under section 24 authorising him or her to arrange the carrying out of a forensic procedure on a suspect.
An application for an order must—
(a) be made in writing, and
(b) be supported by evidence on oath, or by affidavit, in relation to the matters as to which the Magistrate must be satisfied, as referred to in section 24 (1), and
(c) specify the type of forensic procedure sought to be carried out.
(d) (Repealed)
If a Magistrate refuses an application for an order authorising the carrying out of a forensic procedure on a suspect, the authorised applicant (or any other person aware of the application) may not make a further application to carry out the same forensic procedure on the suspect unless he or she provides additional information that justifies the making of the further application.
An authorised applicant (but no other person) may apply to a Magistrate for an order under this section authorising him or her to arrange the carrying out for a second or subsequent time of a forensic procedure on a suspect on whom a forensic procedure has already been carried out by order of a Magistrate under section 24.
The application for the order must—
(a) be made in writing, and
(b) specify the type of forensic procedure carried out and the grounds for authorising it to be carried out a second or subsequent time, and
(c) be supported by evidence on oath or by affidavit.
A Magistrate may order the carrying out for a second or subsequent time of a forensic procedure on a suspect under this section if the Magistrate is satisfied that—
(a) the forensic procedure or procedures already carried out on the suspect was authorised by an order under section 24 and was carried out in accordance with Part 6, and
(b) the forensic material obtained as a result of the carrying out of that forensic procedure or those forensic procedures is insufficient for analysis, has been contaminated, has been lost or is for any other reason not available for analysis, and
(c) the carrying out of the forensic procedure for a second or subsequent time is justified in all the circumstances.
If the suspect has been arrested by a police officer (
The police officer given temporary custody must return the suspect to the place of original arrest—
(a) if the application for the order is refused—without delay, or
(b) if the order is made—without delay at the end of the period for which the suspect may be detained under arrest under section 42.
If the suspect is not under arrest, the Magistrate may, on the application of a police officer—
(a) issue a summons for the appearance of the suspect at the hearing of the application, or
(b) issue a warrant for the arrest of the suspect for the purpose of bringing the suspect before the Magistrate for the hearing of the application.
An application for a summons under subsection (1) must be—
(a) made by information on oath, and
(b) accompanied by an affidavit dealing with the matters referred to in subsection (3).
The Magistrate may issue a summons only if satisfied—
(a) that the issue of the summons is necessary to ensure the appearance of the suspect at the hearing of the application, or
(b) that the issue of the summons is otherwise justified.
An application for a warrant under subsection (1) must be—
(a) made by information on oath, and
(b) accompanied by an affidavit dealing with the matters referred to in subsection (5).
The Magistrate 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, and that the issue of a summons would not ensure that appearance, 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.
An order may be made in the presence of the suspect concerned or, at the discretion of the Magistrate, ex parte.
A suspect who is a child or an incapable person, or who identifies as an Aboriginal person or Torres Strait Islander—
(a) must have an interview friend present if the suspect is present, and
(b) may be represented by a legal representative.
Subsection (2) (a) does not apply to a suspect who identifies as an Aboriginal person or Torres Strait Islander if the suspect expressly and voluntarily waives his or her right to have an interview friend present.
At the beginning of any hearing in relation to proceedings on an application for an order under this Division, the suspect, if present at the hearing, must be asked whether he or she identifies as an Aboriginal person or Torres Strait Islander.
Any other suspect (including a suspect covered by subsection (2)) may be represented by an Australian legal practitioner.
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 witness, and
(c) may address the Magistrate.
A Magistrate must not give leave under subsection (6) (b) unless 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.
Despite subsection (2), the suspect’s interview friend may be excluded from the hearing if the interview friend unreasonably interferes with or obstructs the hearing of the application.
If a Magistrate makes an order for the carrying out of a forensic procedure, the Magistrate must—
(a) specify the forensic procedure authorised to be carried out, and
(b) give reasons for making the order, and
(c) ensure that a written record of the order is kept, and
(d) order the suspect to attend for the carrying out of the forensic procedure, and
(e) inform the suspect that reasonable force may be used to ensure that he or she complies with the order for the carrying out of the forensic procedure.
The Magistrate may give directions as to the time and place at which the procedure is to be carried out.
An authorised officer may make an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay if—
(a) section 23 applies, and
(b) the authorised officer is satisfied that the probative value of evidence obtained as a result of the forensic procedure concerned is likely to be lost or destroyed if there is delay in carrying out the procedure, and
(c) the authorised officer is satisfied that there is sufficient evidence to indicate that a Magistrate is reasonably likely to be satisfied, as referred to in section 24 (1), when the application is finally determined.
An interim order may authorise the carrying out of an intimate forensic procedure on a suspect only if the person is a suspect in relation to a prescribed offence.
An interim order operates as provided by this Division until a Magistrate, at a hearing held under Division 2, confirms the interim order or disallows the interim order, whether or not the suspect consents to the carrying out of the forensic procedure after the interim order is made but before it is confirmed or disallowed.
Section 35 (2) requires that an interim order specify the intended date, time and place of the later hearing.
Division 2 applies in relation to an order confirming the interim order in the same way it applies in relation to an order under section 24. Accordingly, a Magistrate may make an order confirming the interim order only if the Magistrate is satisfied as referred to in section 24 (1). An order confirming the interim order is taken to be an order under section 24.
An authorised applicant (but no other person) may, without bringing a suspect before an authorised officer and without obtaining an order under section 24, make an application seeking an interim order authorising the carrying out of a forensic procedure on a suspect that must be carried out without delay.
An application seeking an interim order authorising the carrying out of an intimate forensic procedure on a suspect may be made only if the person is a suspect in relation to a prescribed offence.
An application for an interim order must—
(a) if it is made in person—be supported by evidence on oath or by affidavit dealing with the matters referred to in section 32 (1), and
(b) specify the type of forensic procedure sought to be carried out.
An application for an interim order must be made—
(a) in person, or
(b) if it is not practicable to make the application in person and there are facsimile facilities readily available—by facsimile, or
(c) if it is not practicable to make the application in person and there are no facsimile facilities readily available—by telephone, radio, telex, email or other means of communication.
An authorised officer must not issue an interim order on an application made by facsimile, telephone, radio, telex, email or other means of written communication unless the authorised officer is satisfied that the interim order is required urgently and that it is not practicable for the application to be made in person.
If the suspect (being a child or an incapable person, or being a person who identifies as an Aboriginal person or Torres Strait Islander) is in the presence of the authorised applicant when an application for an interim order is made—
(a) the suspect’s interview friend, or
(b) the suspect’s legal representative,
must also be present if reasonably practicable.
At the beginning of any hearing in relation to proceedings on an application for an order under this Division, the suspect (if present) must be asked whether he or she identifies as an Aboriginal person or Torres Strait Islander.
If a suspect who is in the presence of the authorised applicant when an application for an interim order is made is not covered by subsection (5), the suspect’s legal representative (if any) must also (if reasonably practicable) be in the presence of the authorised applicant.
Despite subsection (5), the suspect’s interview friend may be excluded from the presence of the authorised applicant if the interview friend unreasonably interferes with or obstructs the making of the application.
If an application is not made in person, the application must be supported by evidence on oath or by affidavit dealing with the matters referred to in section 32 (1) as soon as practicable after the making of the application and before any interim order made as a result of the application is confirmed or disallowed.
If the application is made in person, or by telephone or radio or other form of oral communication, the authorised officer must ensure that—
(a) the suspect or the suspect’s legal representative, if any, and
(b) the suspect’s interview friend, if any,
are given an opportunity to speak to the authorised officer.
If the application is made by telex, facsimile or other form of written communication, the authorised officer must ensure that—
(a) the suspect or the suspect’s legal representative, if any, and
(b) the suspect’s interview friend, if any,
are given an opportunity to make a written submission to accompany the application, or to speak to the authorised officer by telephone, radio or other form of oral communication.
Despite subsections (1) and (2), the suspect’s interview friend may be excluded from the presence of the authorised officer if the interview friend unreasonably interferes with or obstructs the hearing of the application.
An authorised officer who makes an interim order must inform the applicant for the order personally, or by telephone, radio, telex, facsimile or other means of transmission—
(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 made or directions given under subsection (3) in relation to the order.
An interim order must specify the date, time and place at which a further hearing on the application will take place and the application will be finally determined.
An authorised officer may make such orders and give such directions in relation to an interim order as a Magistrate may make or give in relation to an order under section 24.
This section applies when an application for an interim order is made in person, by facsimile, by email or by other electronic means of written communication.
The applicant for an interim order must, at the time of applying for the interim order, make a record (the
(a) the application, and
(b) the grounds for seeking the order,
(c)–(e) (Repealed)
and sign the record.
The applicant must send a copy of the applicant’s record to the authorised officer as soon as practicable after it is made.
The authorised officer must, at the time of, or as soon as practicable after, making an interim order, make a record (the
(a), (b) (Repealed)
(c) the order made, and
(d) the date and time when the order was made, and
(e) the reasons for making it,
and sign the record.
The authorised officer must send a copy of the authorised officer’s record to the applicant as soon as practicable after the record is made.
The applicant must ensure that a copy of the authorised officer’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 authorised officer’s record.
If the applicant’s record does not, in all material respects, accord with the authorised officer’s record, the order is taken to have had no effect.
This section applies when an application for an interim order is not made in person, by facsimile, by email or by other electronic means of written communication.
The authorised officer must, at the time of, or as soon as practicable after, making an interim order, make a record (
(a) the order made, and
(b) the date and time when the order was made, and
(c) the reasons for making it,
and sign the record.
The applicant for an interim order must, as soon as practicable after an order is made, make a record (
(a) the order made, and
(b) the date and time when the order was made, and
(c) the authorised officer’s name,
and sign the record.
The authorised officer must send a copy of the authorised officer’s record to the applicant as soon as practicable after the record is made.
The applicant must ensure that a copy of the authorised officer’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 authorised officer’s record.
If the applicant’s record does not, in all material respects, accord with the authorised officer’s record, the order is taken to have no effect.
A police officer may, while waiting for the application seeking an interim order to be determined, use reasonable force to prevent the suspect destroying or contaminating any evidence that might be obtained by carrying out the forensic procedure if the order is made.
Nothing in this section authorises any person to carry out a forensic procedure before an interim order is made.
A sample taken under an interim order must not be analysed unless—
(a) the sample is likely to perish before a final order is made, or
(b) a final order is made.
A person who conducts an analysis in the circumstances set out in subsection (1) (a) must not intentionally or recklessly disclose the results of the analysis to any person other than the suspect—
(a) during the period before a final order is made, or
(b) if the interim order is disallowed.
Maximum penalty (subsection (2)): imprisonment for 12 months.
This Division applies where a Magistrate or other authorised officer orders the carrying out of a forensic procedure on a suspect under this Act.
If a suspect who is not under arrest presents himself or herself to the investigating police officer concerned to undergo the procedure after it is ordered by the Magistrate or other authorised officer, the procedure must be carried out as quickly as reasonably possible but in any case within 2 hours after the suspect so presents himself or herself.
In working out any period of time for the purposes of subsection (1), any time out is to be disregarded.
If the suspect is not under arrest, the Magistrate or other authorised officer may, on the application of a police officer, issue a warrant for the arrest of the suspect for the purpose of carrying out the forensic procedure.
An application for a warrant must be—
(a) made by information on oath, and
(b) accompanied by an affidavit dealing with the matters referred to in subsection (3) (a) and (b).
The Magistrate or other authorised officer may issue a warrant only if satisfied—
(a) that the arrest is necessary to ensure that the forensic procedure can be carried out, or
(b) that the issue of the warrant is otherwise justified.
A Magistrate or other authorised officer must not issue a warrant for the arrest of a suspect for the purpose of carrying out a forensic procedure if a warrant has previously been issued (by any Magistrate or other authorised officer) for the arrest of the suspect for the purpose of carrying out that forensic procedure.
If the suspect is under arrest (whether or not as the result of the issue of a warrant under section 41), he or she may be detained under arrest for such period as is reasonably necessary to carry out the forensic procedure but in any case for no longer than 2 hours after the end of the investigation period permitted under Part 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 starting when—
(a) the Magistrate or other authorised officer orders the carrying out of the procedure, or
(b) the suspect is arrested pursuant to a warrant under section 41.
In working out any period of time for the purposes of subsection (1), any time out is to be disregarded.
A person must not intentionally or recklessly, in any report of a proceeding under this Act, 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 offence or the Magistrate, by order, has authorised such publication.
Maximum penalty—50 penalty units or imprisonment for 12 months, or both.
This section does not make it an offence to publish the name of a suspect or any information likely to enable the identification of a suspect if the publication is solely for the purposes of the internal management of the NSW Police Force.
A person must not, in or in connection with an application for an order under this Part, give information to a Magistrate or authorised officer that the person knows to be false or misleading in a material particular.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
This section applies to an application made by telephone or other means as well as to one made in person.
This section applies whether or not the information given is also verified on oath or by affidavit.
Some provisions contained in this Part also apply to the carrying out of forensic procedures on serious indictable offenders, volunteers and persons under 10 years of age. See sections 65, 76 (4) and 81A (4).
A forensic procedure—
(a) must be carried out in circumstances affording reasonable privacy to the suspect and except as permitted (expressly or impliedly) by any other provision of this Act, must not be carried out in the presence or view of a person who is of the opposite sex to the suspect, and
(b) must not be carried out in the presence or view of a person whose presence is not necessary for the purposes of the forensic procedure or required or permitted by another provision of this Act, and
(c) must not involve the removal of more clothing than is necessary for the carrying out of the procedure, and
(d) must not involve more visual inspection than is necessary for the carrying out of the procedure.
A forensic procedure must not be carried out while the suspect is being questioned. If questioning has not been completed before the forensic procedure is to be carried out, it must be suspended while the forensic procedure is carried out.
In this section, a reference to
Before anyone starts to carry out a forensic procedure on a suspect, a police officer must caution the suspect that he or she does not have to say anything while the procedure is carried out but that anything the person does say may be used in evidence.
Subject to subsection (2) and section 48, a person authorised to carry out a forensic procedure on a suspect, or a police officer, may use reasonable force—
(a) to enable the forensic procedure to be carried out, or
(b) to prevent loss, destruction or contamination of any sample.
All forensic procedures are to be carried out in a manner consistent with appropriate medical or other relevant professional standards.
This section applies only to a forensic procedure that is carried out pursuant to an order under Part 4, 5, 7, 7A or 7B.
Nothing in this Act authorises the carrying out of a forensic procedure in a cruel, inhuman or degrading manner but the carrying out of a forensic procedure on a suspect in accordance with this Act is not of itself taken to be cruel, inhuman or degrading to the suspect.
A person is authorised to take a sample of hair of a suspect by removing the root of the hair only if—
(a) the person takes only so much hair as the person believes is necessary for the analysis of the sample or other examination of the hair, and
(b) strands of hair are taken using the least painful technique known and available to the person.
(Repealed)
The table to this section shows, for each forensic procedure specified in the first column of the table, the persons who may carry out the procedure under this Act. A person not specified in the second column of the table is not authorised to carry out a forensic procedure under this Part except as mentioned in section 52.
The third column of the table to this section shows, for each forensic procedure, whether the suspect is entitled to request that a medical practitioner or dentist of the suspect’s choice is present while the forensic procedure is carried out.
Section 53 makes detailed provision for the presence of a medical practitioner or dentist of the suspect’s choice while a forensic procedure is carried out.
A person is authorised to carry out a particular forensic procedure if he or she is an appropriately qualified police officer or person in relation to the procedure even if the person also satisfies another description specified in the table to this section that is not specified in relation to the particular forensic procedure.
For example, a police officer who is an appropriately qualified police officer or person to take samples of blood may take such samples even though the table does not expressly list police officers as persons who may take samples of blood.
(Repealed)
Who may carry out forensic procedures
Forensic procedure | Persons who may carry out forensic procedure | Is suspect entitled to request presence of medical practitioner or dentist of suspect’s choice? | |
1 | external examination of the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
2 | the taking of a sample of blood | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
3 | the taking of a sample of saliva, or a sample by other-administered buccal swab | medical practitioner dentist dental prosthetist nurse appropriately qualified police officer or person | no |
4 | the taking of a sample of pubic hair | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
5 | the taking of a sample by swab or washing from the external genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
6 | the taking of a sample by vacuum suction, scraping or lifting by tape from the external genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | yes (medical practitioner) |
7 | the making of a dental impression | medical practitioner dentist dental prosthetist | yes (dentist) |
8 | the taking of a photograph of, or an impression or cast of a wound from, the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | yes (medical practitioner) |
9 | external examination of a part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female that requires touching of the body or removal of clothing | medical practitioner nurse appropriately qualified police officer or person | no |
10 | the taking of a sample of hair other than pubic hair | medical practitioner nurse appropriately qualified police officer or person | no |
11 | the taking of a sample from a nail or from under a nail | medical practitioner nurse appropriately qualified police officer or person | no |
12 | the taking of a sample by swab or washing from any external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | no |
13 | the taking of a sample by vacuum suction, scraping or lifting by tape from any external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | medical practitioner nurse appropriately qualified police officer or person | no |
14 | the taking of a hand print, finger print, foot print or toe print | appropriately qualified police officer or person | no |
15 | the taking of a photograph of an external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | no |
16 | the taking of an impression or cast of a wound from an external part of the body other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | yes (medical practitioner) |
17 | the taking of measurements of the body or a part of the body (whether or not involving marking of the body) other than the genital or anal area or the buttocks or the breasts of a female or a transgender person who identifies as a female | appropriately qualified police officer or person | no |
If practicable, an intimate forensic procedure (other than the taking of a sample of blood or saliva, or a dental impression) is to be carried out—
(a) if the suspect is an adult—by a person of the same sex as the suspect, or
(b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, a person of the same sex as the suspect.
If practicable, a non-intimate forensic procedure for which the suspect is required to remove clothing other than his or her overcoat, coat, jacket, gloves, socks, shoes, scarf or hat is to be carried out—
(a) if the suspect is an adult—by a person of the same sex as the suspect, or
(b) if the suspect is a child—by a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, a person of the same sex as the suspect.
If practicable, a person asked under section 52 to help carry out a forensic procedure covered by subsection (1) or (2)—
(a) is to be—
(i) if the suspect is an adult—a person of the same sex as the suspect, or
(ii) if the suspect is a child—a person of the sex chosen by the suspect or, if the suspect does not wish to make such a choice, a person of the same sex as the suspect, and
(b) is to be a person who is not inappropriate to help carry out the forensic procedure.
A self-administered buccal swab may be carried out by the suspect in the presence or view of another person, whether of the same sex as the suspect or of the opposite sex.
A person who is authorised to carry out a forensic procedure under the table to section 50 is authorised to ask another person to help him or her to carry out the procedure, and the other person is authorised to give that help.
A person who is asked to help carry out a forensic procedure need not be a person mentioned in the table to section 50.
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.
Subsection (3) applies only in relation to a forensic procedure that is carried out pursuant to an order under Part 4, 5, 7, 7A or 7B.
A suspect is entitled to request a medical practitioner or dentist (
(a) an intimate forensic procedure, or
(b) a non-intimate forensic procedure that involves the taking of an impression or cast of a wound from a part of the suspect’s body,
is being carried out.
Section 99 provides that the request may be made by the suspect’s legal representative or interview friend.
The expert chosen is to be present at the forensic procedure unless he or she—
(a) is unable, 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 effective carrying out of the forensic procedure considers the forensic procedure should be carried out if it is to be effective in affording evidence of the relevant offence.
This section applies if the suspect is—
(a) a child, or
(b) an incapable person.
Either an interview friend or a legal representative (if he or she is not the interview friend) of the suspect must, if reasonably practicable, be present while the forensic procedure is carried out. Both an interview friend and a legal representative may be present.
An interview friend (other than a legal representative) of the suspect may be excluded from the place where the forensic procedure is being carried out if—
(a) the interview friend unreasonably interferes with or obstructs the carrying out of the procedure, or
(b) the investigating police officer forms a belief based on reasonable grounds that the presence of the interview friend could be prejudicial to the investigation of an offence because the interview friend may be a co-offender of the suspect or may be involved in some other way, with the suspect, in the commission of the offence.
If an interview friend is excluded under subsection (3), a suspect may choose another person to act as his or her interview friend. If the suspect does not choose another person as an interview friend, the police officer may arrange for any person who may act as an interview friend under section 4 to be present as an interview friend.
This section applies if the suspect (not being a child or an incapable person) identifies as an Aboriginal person or Torres Strait Islander.
For the purpose of determining whether this section applies to a suspect, the investigating police officer must ask the suspect if the suspect identifies as an Aboriginal person or Torres Strait Islander.
Either an interview friend or a legal representative (if he or she is not the interview friend) of the suspect must, if reasonably practicable, be present while the forensic procedure is carried out. Both an interview friend and a legal representative may be present.
Subsection (2) does not apply if the suspect expressly and voluntarily waives his or her right to have an interview friend present. If a suspect so waives his or her right to have an interview friend present, a legal representative of the suspect may still be present.
(c) the taking of forensic samples, including samples not referred to in this Act,
(d) the taking of identification evidence,
(e) the carrying out of searches of a person,
(f) the retention or use of forensic material or information obtained as a result of activities described in paragraph (a), (b), (b1), (c), (d) or (e).
It is declared that even though another law of the State provides power to do one or more of the things referred to in subsection (1), a similar power conferred by this Act may be used despite the existence of the power under the other law.
Nothing in this Act affects 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 by or under another law of the State or a law of the Commonwealth.
Forensic material, or information obtained from it, that is taken in accordance with the law of another State or a Territory may be retained or used in the State for investigative, statistical or evidentiary purposes even if its retention or use would, but for this subsection, constitute a breach of, or failure to comply with, any provision of this Act relating to the carrying out of forensic procedures.
Forensic material, or information obtained from it, that was taken in accordance with the law of this or another State or a Territory, as in force immediately before the commencement of this subsection, may be retained or used in the State for investigative, statistical or evidentiary purposes even if its retention or use would, but for this subsection, constitute a breach of, or failure to comply with, any provision of this Act relating to the carrying out of forensic procedures.
An appeal against an order made by a Magistrate under this Act authorising the carrying out of a forensic procedure on a person may be made to the Supreme Court under Part 5 of the Crimes (Appeal and Review) Act 2001 as if the order were a sentence arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
An appeal against a Magistrate’s refusal to make an order under this Act authorising the carrying out of a forensic procedure on a person may be made to the Supreme Court under Part 5 of the Crimes (Appeal and Review) Act 2001 as if the refusal were an order dismissing a matter under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
The Crimes (Appeal and Review) Act 2001 applies to an appeal arising under this section with such modifications as are made by or in accordance with the regulations under that Act.
The Minister must, so far as is reasonably practicable, establish, and update at such intervals as the Minister thinks appropriate, a list, in relation to a part of the State where there are likely to be persons under arrest or serving sentences of imprisonment in a correctional centre or other place of detention, of the names of persons (not being police officers) who—
(a) are suitable to help Aboriginal persons or Torres Strait Islanders under arrest or serving a sentence of imprisonment, and
(b) are willing to give such help in that part of the State.
In establishing and maintaining a list in relation to a part of the State, the Minister must from time to time consult with any Aboriginal legal aid organisation providing legal assistance to Aboriginal persons or Torres Strait Islanders in that part of the State.
The Minister may, in writing, delegate to a person employed in the Attorney General’s Department all or any of the functions of the Minister under this section.
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
In particular, the regulations may make provision for or with respect to—
(a) the DNA database system, or
(b) the registration of orders under Part 12.
A regulation may create an offence punishable by a penalty not exceeding 20 penalty units.
(Repealed)
Schedule 2 has effect.
For the period of 18 months after the commencement of Part 8 the Ombudsman is to keep under scrutiny the exercise of the functions conferred on police officers under this Act.
For that purpose, the Ombudsman may require the Commissioner of Police to provide information about the exercise of those functions.
The Ombudsman must, as soon as practicable after the expiration of that 18-month period, prepare a report of the Ombudsman’s work and activities under this section and furnish a copy of the report to the Minister, the Minister for Police and the Commissioner of Police.
The Ombudsman may identify, and include recommendations in the report to be considered by the Minister about, amendments that might appropriately be made to this Act with respect to the exercise of functions conferred on police officers under this Act.
The Ombudsman may at any time make a special report on any matter arising out of the operation of this Act to the Minister.
The Minister is to lay (or cause to be laid) a copy of any report made or furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.
If a House of Parliament is not sitting when the Minister seeks to furnish a report to it, the Minister may present copies of the report to the Clerk of the House concerned.
The report—
(a) on presentation and for all purposes is taken to have been laid before the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if printed by authority of the Clerk, is for all purposes taken to be a document published by or under the authority of the House, and
(d) is to be recorded—
(i) in the case of the Legislative Council—in the Minutes of the Proceedings of the Legislative Council, and
(ii) in the case of the Legislative Assembly—in the Votes and Proceedings of the Legislative Assembly,
on the first sitting day of the House after receipt of the report by the Clerk.
The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
The review is to be undertaken as soon as possible after the period of 18 months from the date of assent to this Act.
A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period referred to in subsection (2).
The Committee of the Legislative Council established under the name of the “Standing Committee on Law and Justice” is to enquire into and report on the operation of this Act and the regulations.
The report is to be tabled in the Legislative Council as soon as possible after the end of the period of 18 months from the date of assent to this Act.
Without limiting the matters that the Committee may take into account for the purposes of its enquiry and report, it may take into account the following—
(a) any relevant provisions of the Model Forensic Procedures Bill 1999 set out in Appendix 3 of the Discussion paper dated May 1999 prepared by the Model Criminal Code Officers Committee or of any State, Commonwealth or other law,
(b) the wider social and legal implications of use of information obtained from matching of DNA profiles derived from forensic material,
(c) the effectiveness of matching of DNA profiles as an investigative tool,
(d) the reliability of the matching of DNA profiles for the purposes of forensic identification.
The Committee may make recommendations in its report about amendments that might appropriately be made to the Act to enhance its operation and provide further safeguards for the privacy and civil liberty of persons on whom forensic procedures are carried out, or proposed to be carried out, under the Act.
The Committee is to furnish a copy of the report to the Ombudsman for consideration.
(Repealed)
(Section 120)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—
• this Act
• Crimes (Forensic Procedures) Amendment Act 2002
• Crimes (Forensic Procedures) Amendment Act 2006
• Crimes (Forensic Procedures) Amendment Act 2007
• Crimes (Forensic Procedures) Amendment Act 2008
• Crimes (Forensic Procedures) Amendment Act 2009
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
This Act does not apply in respect of the carrying out of a forensic procedure on a person—
(a) arrested for an offence, or
(b) charged with an offence, or
(c) summonsed to appear before a court in relation to an offence,
before the commencement of this clause.
Section 353A (3A) and (3B) of the Crimes Act 1900 continue to apply to and in respect of the taking of samples of the blood, saliva and hair of a person taken into lawful custody before the commencement of this clause.
Nothing in this Act prevents a DNA profile derived from forensic material found, or obtained from the carrying out of a forensic procedure, before the commencement of this clause from being placed on the appropriate index of the DNA database system.
However, information obtained from analysis of forensic material taken from a volunteer before that commencement is not to be placed on the DNA database system unless the volunteer (or in the case of a child or an incapable person, a parent or guardian of the volunteer) has been informed of the matters set out in section 77 (2).
In this Part,
The amendment made by Schedule 1 [9] to the amending Act extends to circumstances where forensic material is lost or became unavailable for analysis before the commencement of the amendment.
The amendment made by Schedule 1 [15] to the amending Act does not apply to an application made but not dealt with before the commencement of the amendment.
The amendments made by Schedule 1 [16]–[20] to the amending Act extend to applications and orders made before the commencement of the amendments.
In this Part,
Part 7A applies to and in respect of any person who, after the commencement of that Part, is served with a court attendance notice referred to in section 75A (3) (b), and so applies regardless of when the person served the sentence of imprisonment referred to in section 75A (3) (a).
The amendments to section 97 that are made by the 2006 amending Act do not affect any arrangement that was in force under that section immediately before the commencement of those amendments.
The amendments to this Act that are made by the 2006 amending Act do not affect any consent that had been given for the purposes of this Act before the commencement of those amendments.
Each of the following arrangements is taken to have been validly entered into under section 97 (1), as substituted by the Crimes (Forensic Procedures) Amendment Act 2008, on and from the date the arrangement was entered into—
(a) the arrangement entitled “Section 97 (1) New South Wales/Commonwealth Arrangement” signed by the Attorney General and the Minister for Justice and Customs of the Commonwealth and dated 25 November 2003,
(b) the arrangement entitled “Crimes (DNA Database) (Reciprocal Access—New South Wales and Queensland) Arrangement” signed by the Attorney General and the Minister for Police and Corrective Services of Queensland and dated 16 May 2005,
(c) the arrangement entitled “Arrangement for the Transmission of DNA Database Information to and from New South Wales and the CrimTrac Agency of the Commonwealth” signed by the Attorney General and the Chief Executive Officer of CrimTrac and dated 28 February 2007,
(d) the arrangement entitled “New South Wales and Western Australia Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Minister for Police and Emergency Services of Western Australia and dated 19 July 2007,
(e) the arrangement entitled “New South Wales and Australian Capital Territory Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Attorney General of the Australian Capital Territory and dated 20 July 2007,
(f) the arrangement entitled “New South Wales and Victoria Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Attorney General of Victoria and dated 13 August 2007,
(g) the arrangement entitled “New South Wales and Tasmania Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Minister for Justice and Workplace Relations of Tasmania and dated 17 September 2007,
(h) the arrangement entitled “New South Wales and South Australia Ministerial Arrangement for the Transmission of DNA Database Information” signed by the Attorney General and the Attorney General of South Australia and dated 19 February 2008.
Part 8A applies to a forensic procedure carried out after the commencement of that Part and so applies regardless of when the offence to which the forensic procedure relates was committed.
Section 87, as substituted by the Crimes (Forensic Procedures) Amendment Act 2009, extends to a conviction set aside or quashed before the commencement of that substitution.
A police officer who had completed a training course in carrying out forensic procedures conducted by the NSW Police Force before carrying out a forensic procedure is taken to have been appropriately qualified to carry out the forensic procedure.
This clause applies only to forensic procedures carried out before 24 December 2013.
Crimes (Forensic Procedures) Act 2000 No 59. Assented to 5.7.2000. Date of commencement, Part 8 and sec 121 excepted, 1.1.2001, sec 2 (1) and GG No 168 of 22.12.2000, p 13459; date of commencement of Part 8, 1.6.2003, sec 2 (1) and GG No 53 of 27.2.2003, p 3497; date of commencement of sec 121, assent, sec 2 (2). This Act has been amended as follows—
No 93 | Statute Law (Miscellaneous Provisions) Act (No 2) 2000. Assented to 8.12.2000. Date of commencement of Sch 2.11, assent, sec 2 (2). | |
No 107 | Crimes Legislation Further Amendment Act 2000. Assented to 14.12.2000. Date of commencement of Sch 4, 1.1.2001, sec 2 and GG No 168 of 22.12.2000, p 13460. | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 35 | Crimes (Forensic Procedures) Amendment Act 2002. Assented to 25.6.2002. Date of commencement, 1.6.2003, sec 2 and GG No 53 of 27.2.2003, p 3498. | |
No 46 | Crimes Legislation Amendment (Penalty Notice Offences) Act 2002. Assented to 4.7.2002. Date of commencement of Sch 3, 1.9.2002, sec 2 (1) and GG No 135 of 30.8.2002, p 6537. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 27 | Crimes Legislation Amendment Act 2003. Assented to 8.7.2003. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 58 | Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.10, assent, sec 2 (2). | |
No 70 | Crimes (Appeal and Review) Amendment (DNA Review Panel) Act 2006. Assented to 19.10.2006. Date of commencement, 23.2.2007, sec 2 and GG No 33 of 23.2.2007, p 945. | |
No 74 | Crimes (Forensic Procedures) Amendment Act 2006. Assented to 27.10.2006. Date of commencement of Sch 1 [1] [2] [7] [8] [12] [14]–[16] [18]–[24] [26] [30] [32] [35] [37]–[52] [54] [57] [59] [62]–[64] [71] [74] [81]–[83] [85]–[94] [97] [98] and [105]–[109], 1.7.2007, sec 2 and GG No 33 of 23.2.2007, p 946; date of commencement of Sch 1 [3]–[6] [9]–[11] [13] [17] [25] [27]–[29] [31] [33] [34] [36] [53] [55] [56] [58] [60] [61] [65]–[70] [72] [73] [75]–[80] [84] [95] [96] [103] and [104], 15.3.2007, sec 2 and GG No 33 of 23.2.2007, p 946; date of commencement of Sch 1 [99]–[102] [110] and [111], 23.2.2007, sec 2 and GG No 33 of 23.2.2007, p 946. | |
No 128 | Police Powers Legislation Amendment Act 2006. Assented to 12.12.2006. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 71 | Crimes (Forensic Procedures) Amendment Act 2007. Assented to 7.12.2007. Date of commencement, 25.3.2008, sec 2 and GG No 16 of 15.2.2008, p 706. | |
No 87 | Child Protection (Offenders Registration) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 20.10.2008, sec 2 (1) and GG No 132 of 17.10.2008, p 9976. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 56 | Crimes (Forensic Procedures) Amendment Act 2008. Assented to 1.7.2008. Date of commencement, assent, sec 2. | |
No 63 | Crimes (Forensic Procedures) Amendment (Untested Registrable Persons) Act 2009. Assented to 16.9.2009. Date of commencement, assent, sec 2. | |
No 99 | Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009. Assented to 14.12.2009. Date of commencement, 22.2.2010, sec 2 and 2010 (41) LW 19.2.2010. |
No 111 | Crimes (Forensic Procedures) Amendment Act 2009. Assented to 14.12.2009. Date of commencement, 17.5.2010, sec 2 and 2010 (183) LW 14.5.2010. | |
No 34 | Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 2, 1.7.2010, sec 2 (2). | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 80 | Crimes and Courts Legislation Amendment Act 2013. Assented to 29.10.2013. Date of commencement, assent, sec 2. | |
No 90 | Crimes Legislation Amendment Act 2013. Assented to 20.11.2013. Date of commencement, assent, sec 2. | |
No 31 | Law Enforcement (Powers and Responsibilities) Amendment Act 2014. Assented to 24.6.2014. Date of commencement of Sch 5.4, 1.9.2016, sec 2 and 2016 (536), LW 26.8.2016. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 1.6, 29.10.2013, Sch 1.6. | |
No 59 | Crimes Legislation Amendment Act 2014. Assented to 23.10.2014. Date of commencement, assent, sec 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 2, 8.7.2015, sec 2 (1). | |
No 55 | Statute Law (Miscellaneous Provisions) Act (No 2) 2016. Assented to 25.10.2016. Date of commencement of Sch 2, 6.1.2017, sec 2 (1). | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 5.6, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 85 | Mental Health (Forensic Provisions) Amendment (Victims) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. |
Sec 3 | Am 2000 No 107, Sch 4 [1]–[3]; 2001 No 121, Sch 2.74 [1] [2]; 2002 No 35, Sch 1 [1]–[4]; 2002 No 103, Sch 4.18 [1]–[3]; 2005 No 98, Sch 3.17 [1]; 2006 No 74, Sch 1 [1]–[14]; 2007 No 87, Sch 2 [1]–[3]; 2009 No 63, Sch 1 [1]; 2009 No 111, Sch 1 [1]–[3]; 2010 No 34, Sch 2.9 [1]; 2011 No 62, Sch 3.5 [1]; 2013 No 80, Sch 3; 2014 No 31, Sch 5.4; 2017 No 50, Sch 5.6; 2017 No 53, Sch 4.11; 2018 No 29, Sch 2.5; 2023 No 39, Sch 6.7[1]. |
Sec 4 | Am 2005 No 98, Sch 3.17 [1]; 2006 No 74, Sch 1 [15] [16]. |
Sec 4A | Ins 2023 No 39, Sch 6.7[2]. |
Sec 5, table | Am 2000 No 107, Sch 4 [4]; 2006 No 58, Sch 2.10 [1]; 2006 No 74, Sch 1 [17]. |
Sec 6, table | Am 2000 No 107, Sch 4 [4]; 2002 No 103, Sch 4.18 [2]–[4]; 2006 No 74, Sch 1 [18]. |
Sec 7 | Am 2002 No 103, Sch 4.18 [3] [4]. |
Sec 8 | Subst 2006 No 74, Sch 1 [19]. |
Sec 9 | Am 2002 No 35, Sch 1 [5] [6]; 2005 No 98, Sch 3.17 [1] [2]; 2006 No 74, Sch 1 [20]. |
Sec 10 | Am 2002 No 35, Sch 1 [7]; 2005 No 98, Sch 3.17 [1] [2]; 2006 No 74, Sch 1 [21] [22]. |
Sec 11 | Subst 2006 No 74, Sch 1 [23]. Am 2007 No 71, Sch 1 [1] [2]. |
Sec 12 | Rep 2006 No 74, Sch 1 [23]. |
Sec 13 | Am 2000 No 107, Sch 4 [5]; 2002 No 103, Sch 4.18 [2]; 2006 No 74, Sch 1 [24]–[29]. |
Sec 14 | Am 2000 No 107, Sch 4 [5]; 2002 No 103, Sch 4.18 [2]. |
Sec 15 | Am 2006 No 74, Sch 1 [30]. |
Sec 16 | Am 2002 No 35, Sch 1 [8]. |
Sec 17 | Am 2002 No 103, Sch 4.18 [3] [4]; 2006 No 74, Sch 1 [31] [32]. |
Sec 18 | Am 2006 No 74, Sch 1 [33]. |
Sec 19 | Rep 2006 No 74, Sch 1 [34]. |
Sec 20 | Subst 2006 No 74, Sch 1 [35]; 2007 No 71, Sch 1 [3]. |
Sec 21 | Am 2006 No 74, Sch 1 [36]; 2013 No 90, Sch 1.3 [1]. |
Part 5, heading | Am 2000 No 107, Sch 4 [6]; 2002 No 103, Sch 4.18 [5]; 2006 No 74, Sch 1 [37]. |
Sec 22 | Am 2000 No 107, Sch 4 [7]; 2002 No 103, Sch 4.18 [2]. |
Sec 23 | Am 2000 No 107, Sch 4 [8]; 2002 No 103, Sch 4.18 [2]; 2006 No 74, Sch 1 [38]. |
Sec 24 | Subst 2006 No 74, Sch 1 [39]. Am 2007 No 71, Sch 1 [4]. |
Sec 25 | Rep 2006 No 74, Sch 1 [39]. |
Sec 26 | Am 2006 No 74, Sch 1 [40]; 2013 No 90, Sch 1.3 [2] [3]. |
Sec 27 | Am 2002 No 35, Sch 1 [9]; 2006 No 74, Sch 1 [41]–[43]. |
Sec 30 | Am 2005 No 98, Sch 3.17 [1]; 2006 No 74, Sch 1 [44] [45]; 2013 No 90, Sch 1.3 [4]–[6]. |
Sec 32 | Am 2000 No 107, Sch 4 [9] [10]; 2002 No 35, Sch 1 [10] [11]; 2002 No 103, Sch 4.18 [2]; 2006 No 74, Sch 1 [46] [47]. |
Sec 33 | Am 2000 No 107, Sch 4 [11]; 2002 No 35, Sch 1 [12]–[15]; 2002 No 103, Sch 4.18 [2]; 2006 No 74, Sch 1 [48]–[50]. |
Sec 34 | Am 2000 No 107, Sch 4 [10]; 2002 No 103, Sch 4.18 [2]. |
Sec 35 | Am 2000 No 107, Sch 4 [9] [12]; 2002 No 103, Sch 4.18 [2]. |
Sec 36 | Am 2000 No 107, Sch 4 [10] [13] [14]; 2002 No 35, Sch 1 [16]–[19]; 2002 No 103, Sch 4.18 [2] [6]–[8]. |
Sec 36A | Ins 2002 No 35, Sch 1 [20]. Am 2002 No 103, Sch 4.18 [2] [7] [8]; 2006 No 58, Sch 2.10 [2]. |
Part 5, Div 4, heading | Am 2000 No 107, Sch 4 [15]; 2002 No 103, Sch 4.18 [5]. |
Sec 39 | Am 2000 No 107, Sch 4 [5]; 2002 No 103, Sch 4.18 [2]. |
Sec 40 | Am 2000 No 107, Sch 4 [5]; 2002 No 35, Sch 1 [21]; 2002 No 103, Sch 4.18 [2]. |
Sec 41 | Am 2000 No 107, Sch 4 [5]; 2002 No 103, Sch 4.18 [2]. |
Sec 42 | Am 2000 No 107, Sch 4 [5]; 2002 No 103, Sch 4.18 [2] [3]. |
Sec 43 | Am 2011 No 62, Sch 3.5 [1]. |
Sec 43A | Ins 2002 No 35, Sch 1 [22]. Am 2002 No 103, Sch 4.18 [2]. |
Part 6, note | Subst 2009 No 111, Sch 1 [4]. |
Sec 47 | Am 2006 No 74, Sch 1 [51]; 2007 No 87, Sch 2 [4]. |
Sec 49 | Am 2006 No 74, Sch 1 [52]. |
Sec 49A | Ins 2002 No 35, Sch 1 [23]. Rep 2006 No 74, Sch 1 [53]. |
Sec 50 | Am 2023 No 39, Sch 6.7[3]. |
Sec 50, table | Am 2006 No 74, Sch 1 [54] [55]; 2010 No 34, Sch 2.9 [2]; 2014 No 33, Sch 1.6. |
Sec 51A | Ins 2006 No 74, Sch 1 [56]. |
Sec 52 | Am 2006 No 74, Sch 1 [57]; 2007 No 87, Sch 2 [4]. |
Sec 53 | Am 2006 No 74, Sch 1 [58]. |
Sec 54 | Am 2003 No 27, Sch 4 [1]. |
Sec 55 | Am 2002 No 35, Sch 1 [21] [24]; 2003 No 27, Sch 4 [2]; 2006 No 74, Sch 1 [59]. |
Sec 57 | Am 2002 No 35, Sch 1 [25] [26]; 2006 No 74, Sch 1 [60]–[63]. |
Secs 58, 59 | Am 2002 No 35, Sch 1 [21]. |
Sec 60 | Am 2002 No 35, Sch 1 [21]. Subst 2006 No 74, Sch 1 [64]. |
Sec 61 | Am 2006 No 74, Sch 1 [65]–[67]. |
Sec 62 | Am 2006 No 74, Sch 1 [68]. |
Sec 63 | Am 2006 No 74, Sch 1 [69]. |
Sec 64 | Rep 2006 No 74, Sch 1 [70]. |
Sec 64A | Ins 2006 No 74, Sch 1 [71]. |
Sec 65 | Am 2006 No 74, Sch 1 [72]. |
Sec 67 | Am 2005 No 98, Sch 3.17 [1] [2]. |
Sec 69 | Am 2002 No 35, Sch 1 [27]; 2006 No 74, Sch 1 [73] [74]–[76]. |
Sec 70 | Am 2002 No 35, Sch 1 [28]; 2006 No 74, Sch 1 [77]–[79]. |
Sec 71 | Am 2002 No 35, Sch 1 [29]. Rep 2006 No 74, Sch 1 [80]. |
Sec 73 | Am 2002 No 35, Sch 1 [30]. |
Sec 74 | Am 2006 No 74, Sch 1 [81] [82]. |
Sec 74A | Ins 2006 No 74, Sch 1 [83]. |
Sec 75 | Subst 2006 No 74, Sch 1 [83]. |
Part 7A (secs 75A–75O) | Ins 2006 No 74, Sch 1 [84]. |
Part 7B | Ins 2007 No 87, Sch 2 [5]. |
Sec 75P | Ins 2007 No 87, Sch 2 [5]. |
Secs 75Q, 75R | Ins 2007 No 87, Sch 2 [5]. Am 2009 No 63, Sch 1 [1]. |
Secs 75S–75V | Ins 2007 No 87, Sch 2 [5]. |
Sec 75W | Ins 2007 No 87, Sch 2 [5]. Subst 2009 No 63, Sch 1 [2]. |
Sec 75X | Ins 2007 No 87, Sch 2 [5]. Am 2009 No 63, Sch 1 [3] [4]. |
Secs 75Y–75ZA | Ins 2007 No 87, Sch 2 [5]. |
Secs 75ZB, 75ZC | Ins 2007 No 87, Sch 2 [5]. Subst 2009 No 63, Sch 1 [5]. |
Sec 75ZD | Ins 2007 No 87, Sch 2 [5]. Am 2009 No 63, Sch 1 [1] [6]. |
Sec 76 | Am 2002 No 35, Sch 1 [31]; 2006 No 74, Sch 1 [85] [86]; 2009 No 111, Sch 1 [5]. |
Sec 76A | Ins 2002 No 35, Sch 1 [32]. Am 2009 No 99, Sch 4.2 [1] [2]. |
Sec 76B | Ins 2006 No 74, Sch 1 [87]. |
Sec 77 | Am 2002 No 35, Sch 1 [33]; 2005 No 98, Sch 3.17 [1]; 2006 No 74, Sch 1 [88]–[92]; 2009 No 111, Sch 1 [6]. |
Sec 80 | Am 2006 No 74, Sch 1 [93]. |
Sec 81 | Am 2009 No 111, Sch 1 [7] [8]. |
Part 8A (secs 81A–81N) | Ins 2009 No 111, Sch 1 [9]. |
Sec 83A | Ins 2002 No 35, Sch 1 [34]. |
Sec 86 | Am 2002 No 35, Sch 1 [21]. |
Sec 87 | Am 2000 No 93, Sch 2.11 [1]; 2002 No 35, Sch 1 [35] [36]. Subst 2006 No 74, Sch 1 [94]. Am 2007 No 87, Sch 2 [6]. Subst 2009 No 111, Sch 1 [10]. |
Sec 87A | Ins 2002 No 35, Sch 1 [37]. Am 2009 No 99, Sch 4.2 [2]. |
Sec 88 | Am 2007 No 71, Sch 1 [5]; 2018 No 85, Sch 2; 2020 No 12, Sch 3.10[1] [2]. |
Sec 89 | Am 2000 No 93, Sch 2.11 [2]; 2002 No 35, Sch 1 [38]; 2011 No 62, Sch 3.5 [2]. |
Sec 90 | Am 2002 No 35, Sch 1 [39]; 2006 No 74, Sch 1 [95]; 2007 No 87, Sch 2 [4]; 2009 No 111, Sch 1 [11] [12]. |
Sec 91 | Am 2000 No 107, Sch 4 [16]; 2006 No 74, Sch 1 [96]; 2007 No 87, Sch 2 [7]; 2009 No 111, Sch 1 [13]. |
Sec 92 | Am 2006 No 70, Sch 2.2 [1]; 2006 No 74, Sch 1 [97]; 2009 No 111, Sch 1 [14]; 2011 No 62, Sch 3.5 [2]. |
Sec 93 | Am 2008 No 56, Sch 1 [1]. |
Sec 93A | Ins 2009 No 111, Sch 1 [15]. |
Sec 94 | Am 2006 No 74, Sch 1 [98]. |
Sec 95 | Am 2003 No 27, Sch 4 [3]; 2006 No 74, Sch 1 [99] [100]; 2008 No 56, Sch 1 [2]; 2016 No 55, Sch 2.5 [1] [2]. |
Sec 96 | Am 2002 No 35, Sch 1 [40] [41]; 2006 No 74, Sch 1 [101]. |
Sec 97 | Am 2003 No 27, Sch 4 [4]; 2006 No 74, Sch 1 [102]; 2008 No 56, Sch 1 [3] [4]; 2016 No 55, Sch 2.5 [2]. |
Sec 98 | Am 2000 No 107, Sch 4 [5]; 2002 No 35, Sch 1 [42]; 2002 No 103, Sch 4.18 [2]; 2006 No 74, Sch 1 [103] [104]; 2007 No 87, Sch 2 [8]. |
Sec 99 | Am 2002 No 35, Sch 1 [21]; 2006 No 74, Sch 1 [105]. |
Sec 100 | Am 2002 No 35, Sch 1 [21]; 2006 No 74, Sch 1 [106]; 2009 No 111, Sch 1 [16]–[18]. |
Sec 101 | Am 2002 No 35, Sch 1 [21]; 2009 No 111, Sch 1 [16] [19] [20]. |
Sec 102 | Am 2009 No 111, Sch 1 [16]. |
Sec 106 | Am 2006 No 74, Sch 1 [107] [108]. |
Sec 107 | Am 2000 No 107, Sch 4 [17]; 2002 No 103, Sch 4.18 [2]. |
Sec 108 | Am 2010 No 34, Sch 2.9 [2]. |
Sec 109 | Am 2002 No 35, Sch 1 [43]; 2003 No 27, Sch 4 [5] [6]; 2006 No 70, Sch 2.2 [2]; 2008 No 56, Sch 1 [5]; 2011 No 62, Sch 3.5 [2]. |
Sec 111 | Rep 2009 No 111, Sch 1 [21]. |
Sec 112 | Am 2002 No 46, Sch 3.1; 2002 No 103, Sch 4.18 [9] [10]; 2006 No 74, Sch 1 [109]; 2006 No 128, Sch 4.2. |
Sec 113 | Am 2002 No 103, Sch 4.18 [11] [12]. |
Sec 114 | Am 2002 No 35, Sch 1 [44] [45]. |
Sec 115A | Ins 2001 No 121, Sch 2.74 [3]. Am 2015 No 15, Sch 2.11. |
Sec 117 | Am 2001 No 121, Sch 2.74 [4]; 2007 No 94, Sch 2. |
Sec 119 | Rep 2003 No 82, Sch 3. |
Sec 121 | Am 2002 No 35, Sch 1 [46] [47]. |
Sch 1 | Am 2000 No 107, Sch 4 [18]. Rep 2003 No 82, Sch 3. |
Sch 2 | Am 2002 No 35, Sch 1 [48] [49]; 2006 No 74, Sch 1 [110] [111]; 2007 No 71, Sch 1 [6]; 2008 No 56, Sch 1 [6] [7]; 2009 No 111, Sch 1 [22] [23]; 2014 No 59, Sch 1.3. |
0
0
0