Crimes (Forensic Procedures) Amendment Act 2006 (NSW)

An Act to amend the Crimes (Forensic Procedures) Act 2000 with respect to the carrying out of forensic procedures; and for other purposes.

1Name of Act

This Act is the Crimes (Forensic Procedures) Amendment Act 2006.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Crimes (Forensic Procedures) Act 2000 No 59

The Crimes (Forensic Procedures) Act 2000 is amended as set out in Schedule 1.

4Amendment of Law Enforcement (Powers and Responsibilities) Act 2002 No 103

The Law Enforcement (Powers and Responsibilities) Act 2002 is amended as set out in Schedule 2.

5Repeal of Act(1)

This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.

(2)

The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.

Schedule 1Amendment of Crimes (Forensic Procedures) Act 2000

(Section 3)

[1]Section 3 Interpretation

Omit the definitions of Aboriginal person and Torres Strait Islander from section 3 (1).

[2]Section 3 (1), definition of “authorised applicant”

Omit “section 355 of the Crimes Act 1900” from paragraph (b).

Insert instead “the Law Enforcement (Powers and Responsibilities) Act 2002”.

[3]Section 3 (1), definition of “forensic procedure”

Omit “or” from paragraph (b) and omit paragraph (c).

[4]Section 3 (1), definition of “informed consent”

Insert after paragraph (b) of the definition:

(b1)

an untested former offender—is defined in section 75F, and

[5]Section 3 (1), definition of “intimate forensic procedure”

Omit the definition. Insert instead:

intimate forensic procedure means any of the following:

(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.

[6]Section 3 (1), definition of “non-intimate forensic procedure”

Omit the definition. Insert instead:

non-intimate forensic procedure means any of the following:

(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…

Citations