Queensland Numbered Acts

CRIMINAL LAW AMENDMENT ACT 2017 - SECT 42

42 Amendment of s 95A (DNA evidentiary certificate)

(1) Section 95A—
insert—

(1A) However, subsections (4), (5), (8) and (9) do not apply to a criminal proceeding if the proceeding is an examination of witnesses in relation to an indictable offence.

(2) Section 95A(3)—
omit, insert—

(3) If a party (the
"relying party" ) intends to rely on the certificate, the relying party must, at least 10 business days before the hearing day, give a copy of the certificate to each other party.

(3A) If, at least 5 business days before the hearing day, a party other than the relying party gives a written notice to each other party that it requires the DNA analyst to give evidence, the relying party must call the DNA analyst to give evidence at the hearing.

(3) Section 95A(5), ‘3 business days’—
omit, insert—
5 business days

(4) Section 95A—
insert—

(8A) The court may at any time, on application by a party, make an order shortening or extending a period mentioned in this section.

(8B) Without limiting subsection (11), the court may waive the requirement for a party other than the relying party to give notice under subsection (5) that it requires the DNA analyst to give evidence.

(8C) If the court makes an order under subsection (12), the relying party must call the DNA analyst to give evidence at the hearing.

(5) Section 95A(1A) to (9)—
renumber as section 95A(2) to (14).