CRIMES ACT 1914
Simplified outline of operation of Part
This Part provides for forensic procedures to be carried out on:
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:
This section applies if:
(a) a sample is taken from a suspect under this Part; and
(b) the suspect requests the investigating constable that the sample be shared; and
(c) there is sufficient material to be analysed both in the investigation of the offence and on behalf of the suspect. 23XU(2)
The investigating constable must invite the suspect to nominate an accredited laboratory to which a part of the material sufficient for analysis will be provided on behalf of the suspect. 23XU(3)
If the suspect nominates an accredited laboratory, the investigating constable must ensure that:
(a) a part of the material sufficient for analysis is provided to that laboratory, on behalf of the suspect, within the period of 28 days beginning on the day of the nomination; and
(b) reasonable care is taken to ensure that the suspect ' s part of the material is protected and preserved until it is provided to that laboratory.
Division 9 contains provisions about making material available to the suspect.23XU(4)
The suspect must bear the costs in relation to any analysis of that part of the material provided to that laboratory.