Criminal Law (Forensic Procedures) Act 1998 (SA)

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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…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.