Criminal Law (Forensic Procedures) Act 1998 (SA)

South Australia

Criminal Law (Forensic Procedures) Act 1998

An Act to provide for carrying out forensic procedures to obtain evidence relevant to the investigation of criminal offences; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law (Forensic Procedures) Act 1998.

3—Interpretation

1. (1)

   In this Act—

alcohol or drug testing procedure means a forensic procedure to determine the presence or concentration of alcohol or a drug in a person's blood or other biological material;

assimilation order means an order under section 44;

category 1 (consent) procedure—see section 13A;

category 2 (volunteers) procedure—see section 13E;

category 3 (suspects) procedure—see section 14;

category 4 (offenders) procedure—see section 30;

child means a person under the age of 18 years;

closest available next of kin means—

1. (a)

   in relation to a child, the first in order of priority of the following persons who is not a protected person and is available at the time:

   1. (i)

      a parent of the child;

   2. (ii)

      a brother or sister of the child;

   3. (iii)

      a guardian of the child; and

2. (b)

   in relation to any other person, the first in order of priority of the following persons who is not a protected person and is available at the time:

   1. (i)

      the spouse of the person;

   2. (ii)

      a son or daughter of the person;

   3. (iii)

      a parent of the person;

   4. (iv)

      a brother or sister of the person;

corresponding law means a law of the Commonwealth, another State, or a Territory that provides for carrying out forensic procedures and is prescribed by regulation for the purposes of this definition;

criminal offence means any offence except—

1. (a)

   a summary offence that is not punishable by imprisonment; or

2. (b)

   a summary offence that is capable of being expiated;

DNA database system—see section 46A;

DPP means the Director of Public Prosecutions;

forensic material means material obtained by carrying out a forensic procedure and includes the results of the analysis of any such material;

forensic procedure means a procedure carried out by or on behalf of South Australia Police or a law enforcement authority and consisting of—

1. (a)

   the taking of prints of the hands, fingers, feet or toes; or

2. (b)

   an examination of a part of a person's body (but not an examination that can be conducted without disturbing the person's clothing and without physical contact with the person); or

3. (c)

   the taking of a sample of biological or other material from a person's body1 (but not the taking of a detached hair from the person's clothing); or

4. (d)

   the taking of an impression or cast of a part of a person's body2;

guardian means a person acting or appointed under any Act or law as the guardian of another;

intimate forensic procedure means a forensic procedure that involves exposure of, or contact with, the genital or anal area, the buttocks or, in the case of a female, the breasts;

intrusive forensic…