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:
The constable must, if practicable, ensure that the giving of the information about the proposed forensic procedure and the volunteer's or volunteer's parent's or guardian's responses (if any) are tape recorded. (2)
If tape recording the giving of information and the volunteer's, parent's or guardian's responses (if any) is not practicable, the constable must ensure that:
(a) a written record of the giving of the information and the volunteer's, parent's or guardian's responses (if any) is made; and
(b) a copy of the record is made available to the volunteer, parent or guardian.
Division 9 contains provisions about making copies of material (including copies of tapes) available to volunteers.
If a foreign law enforcement agency requests that a forensic procedure be carried out on a volunteer, a copy of the tape recording or the written record may also be provided to the foreign law enforcement agency: see subsection 23YQD(2) .