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 23XD   Making of interim order  


    A magistrate who makes an interim order must inform the applicant for the order personally, or by telephone, radio, telex, fax or other means of transmission:

    (a) that the order has been made; and

    (b) of the terms of the order, including the matters mentioned in subsection (2); and

    (c) of any orders made or directions given under subsection (3) in relation to the order.

    An interim order must specify the date, time and place at which a further hearing on the application will take place and the application will be finally determined.

    A magistrate may make such orders and give such directions in relation to an interim order as the magistrate may make or give in relation to an order under section 23WS .

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