Crimes Act 1914

Part ID - Forensic procedures  

Simplified outline of operation of Part

This Part provides for forensic procedures to be carried out on:

  • • suspects in relation to indictable offences (Divisions 3 , 4 and 5 ); and
  • • offenders in relation to prescribed and serious offences (Division 6A ); and
  • • volunteers (Division 6B ).
  • If the carrying out of a forensic procedure is authorised under this Part, it must be carried out in accordance with rules and procedures set out in Division 6 .

    If a forensic procedure covered by this Part is carried out without proper authority under this Part, evidence obtained through the procedure may be inadmissible in proceedings against the suspect (Division 7 ).

    However, certain rules are modified or do not apply if the forensic procedure is carried out in response to a request by a foreign country or an international tribunal, or a request by a foreign law enforcement agency (Division 9A ).

    This Part also:

  • • contains offences in relation to the Commonwealth DNA database system and the National Criminal Investigation DNA Database ( NCIDD ) (Division 8A ); and
  • • provides for the whole or a part of the Commonwealth DNA database system to be integrated with the whole or a part of one ore more State/Territory DNA database systems to form part of NCIDD (Division 8A ); and
  • • provides for the exchange of information in the Commonwealth DNA database system or a State/Territory DNA database system and the protection of the information that is exchanged (Division 11 ); and
  • • provides for the destruction of forensic material (Division 8 ).
  • Division 5 - Forensic procedures on suspect by order of a magistrate  

    Subdivision C - Interim orders  

    SECTION 23XE   Records of application and interim order  

    (1)    
    The applicant for an interim order must, at the time of, or as soon as practicable after, applying for the interim order, make a record (the applicant's record ) of:


    (a) the application; and


    (b) the grounds for seeking the order; and


    (c) the order made; and


    (d) the date and time when the order was made; and


    (e) the magistrate's name;

    and sign the record.


    (2)    
    The applicant must send a copy of the applicant's record to the magistrate as soon as practicable after it is made.

    (3)    
    The magistrate must, at the time of, or as soon as practicable after, making an interim order, make a record (the magistrate's record ) of:


    (a) the application; and


    (b) the grounds for seeking the order; and


    (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.


    (4)    
    The magistrate must send a copy of the magistrate's record to the applicant as soon as practicable after the record is made.

    (5)    
    The applicant must ensure that a copy of the magistrate's record and a copy of the applicant's record are made available to the suspect as soon as practicable after the applicant receives the magistrate's record.

    (6)    
    If the applicant's record does not, in all material respects, accord with the magistrate's record, the order is taken to have had no effect.




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