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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Forensic Procedures)
Amendment (Untested Registrable
Persons) Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000
No 59 3
b2009-105-30.d09
New South Wales
Crimes (Forensic Procedures)
Amendment (Untested Registrable
Persons) Bill 2009
No , 2009
A Bill for
An Act to amend the Crimes (Forensic Procedures) Act 2000 to make further
provision with respect to the carrying out of forensic procedures on untested
registrable persons.
Crimes (Forensic Procedures) Amendment (Untested Registrable Persons)
Clause 1 Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Forensic Procedures) Amendment (Untested 3
Registrable Persons) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes (Forensic Procedures) Amendment (Untested Registrable Persons)
Bill 2009
Amendment of Crimes (Forensic Procedures) Act 2000 No 59 Schedule 1
Schedule 1 Amendment of Crimes (Forensic 1
Procedures) Act 2000 No 59 2
[1] Sections 3 (1) (paragraph (d2) of the definition of "order"), 75Q (c), 3
75R (b) and 75ZD 4
Omit "section 75ZB" wherever occurring. Insert instead "section 75ZC". 5
[2] Section 75W 6
Omit the section. Insert instead: 7
75W Carrying out forensic procedure on untested registrable person 8
(1) A police officer may request an untested registrable person (other 9
than a child or an incapable person) to consent to a forensic 10
procedure to which this Part applies being carried out on the 11
person. 12
(2) If the request is made when the untested registrable person 13
attends a police station or other place in person to make a report 14
under Part 3 of the Child Protection (Offenders Registration) Act 15
2000, the police officer may detain the untested registrable 16
person at the police station or other place for so long as is 17
reasonably necessary: 18
(a) to determine whether the registrable person consents to the 19
carrying out of the forensic procedure under this Part, and 20
(b) if the person consents--to carry out the forensic procedure 21
in accordance with this Part, and 22
(c) if the person does not consent--to order the carrying out of 23
a non-intimate forensic procedure under section 75Y and, 24
if the order is made, to carry out the forensic procedure. 25
(3) In detaining the person, the police officer must tell the person: 26
(a) why the person is being detained, and 27
(b) that the detention is authorised under this Act, and 28
(c) that the person will be released immediately: 29
(i) if consent is refused and no order is to be made 30
under section 75Y, or 31
(ii) if the forensic procedure is to be carried out with 32
consent or by order, after it is carried out. 33
Page 3
Crimes (Forensic Procedures) Amendment (Untested Registrable Persons)
Bill 2009
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000 No 59
(4) The detained person: 1
(a) must not be held for a period that is longer than is 2
reasonably necessary to make the determination referred to 3
in subsection (2) (a) and, if a forensic procedure is to be 4
carried out with consent or by order, to carry it out, and 5
(b) must be released immediately if consent is refused and no 6
order is to be made under section 75Y or, if the forensic 7
procedure is to be carried out with consent or by order, 8
after it is carried out. 9
(5) The police officer may use reasonable force to ensure the 10
detained person remains at the police station or other place for the 11
period referred to in subsection (4). 12
[3] Section 75X Matters that untested registrable person must be informed 13
of before giving consent 14
Omit "The police officer" from section 75X (1). 15
Insert instead "Before asking the untested registrable person whether he or she 16
consents to the carrying out of a forensic procedure, the police officer". 17
[4] Section 75X (2) 18
Insert "and that reasonable force may be used to enable the forensic procedure 19
to be carried out" after "section 75Y". 20
[5] Sections 75ZB and 75ZC 21
Omit the sections. Insert instead: 22
75ZB Application for court order for carrying out forensic procedure on 23
untested registrable person 24
(1) A police officer may apply to any court for an order under section 25
75ZC for the carrying out of a forensic procedure to which this 26
Part applies on an untested registrable person. 27
(2) An application may be made whether or not the untested 28
registrable person has been requested to consent to the carrying 29
out of the forensic procedure under this Part or been ordered to 30
undergo the forensic procedure by a senior police officer. 31
75ZC Court order for carrying out forensic procedure on untested 32
registrable person 33
(1) The court may order the carrying out of a forensic procedure to 34
which this Part applies on the untested registrable person if 35
satisfied that the carrying out of the forensic procedure is justified 36
in all the circumstances. 37
Page 4
Crimes (Forensic Procedures) Amendment (Untested Registrable Persons)
Bill 2009
Amendment of Crimes (Forensic Procedures) Act 2000 No 59 Schedule 1
(2) The court may order the carrying out of a forensic procedure on 1
an untested registrable person whether or not the person is 2
present. 3
(3) The court may give directions as to the time and place at which 4
the forensic procedure is to be carried out. 5
(4) If the court makes an order, the court must: 6
(a) specify the forensic procedure authorised to be carried out, 7
and 8
(b) give reasons for making the order, and 9
(c) ensure that a written record of the order is kept, and 10
(d) order the registrable person (if present) to attend for the 11
carrying out of the forensic procedure, and 12
(e) inform the registrable person (if present) that reasonable 13
force may be used to ensure that he or she complies with 14
the order for the carrying out of the forensic procedure. 15
(5) If the registrable person is not present when the order is made, all 16
reasonable steps are to be taken by the police officer who applied 17
for the order to notify the person that: 18
(a) the order has been made for the carrying out of the forensic 19
procedure, and 20
(b) if the registrable person fails to attend for the carrying out 21
of the forensic procedure in accordance with the order, the 22
person may be arrested under section 75ZD (2). 23
Page 5
Crimes (Forensic Procedures) Amendment (Untested Registrable Persons)
Bill 2009
Schedule 1 Amendment of Crimes (Forensic Procedures) Act 2000 No 59
[6] Section 75ZD Refusal or failure to permit forensic procedure 1
Insert at the end of the section: 2
(2) If a police officer suspects on reasonable grounds that a person 3
has committed an offence under this section, the police officer 4
may, without a warrant, arrest the person for the purpose of 5
carrying out the forensic procedure concerned. 6
(3) A police officer who arrests a person under subsection (2) must, 7
as soon as is reasonably practicable after the forensic procedure 8
is carried out, release the person. 9
(4) Nothing in this section affects any power of a police officer to 10
arrest and deal with the person under Part 8 of the Law 11
Enforcement (Powers and Responsibilities) Act 2002. 12
Page 6
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