Tasmanian Numbered Acts

FORENSIC PROCEDURES ACT 2000 (NO. 101 OF 2000)

- Act 101 of 2000
- Royal Assent 20 December 2000

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Non-application of Act to young child
   5.      Non-application of Act to victims
   6.      Non-application of Act to surveillance photographs and video recordings
   7.      Application of other Acts not limited

   PART 2 - Forensic Procedures on Suspects and Charged Persons

           Division 1 - Circumstances for carrying out forensic procedures on suspects and charged persons

   8.      Circumstances for carrying out forensic procedure

           Division 2 - Consent to forensic procedure

   9.      Police request for consent to forensic procedure
   10.     Information to be provided before giving consent to forensic procedure

           Division 3 - Non-intimate forensic procedure on order of police officer

   11.     Application of Division 3
   12.     Circumstances in which police officer may order non-intimate forensic procedure
   13.     Custody of suspect or charged person for purpose of carrying out non-intimate forensic procedure

           Division 4 - Forensic procedure on order of magistrate

   14.     Application for forensic procedure order
   15.     Securing the presence at hearing of a suspect or charged person who is under 15 and not in custody
   16.     Procedure at forensic procedure application hearing if suspect or charged person under 15
   17.     Forensic procedure order

           Division 5 - Interim forensic procedure order

   18.     Application for interim forensic procedure order
   19.     Interim forensic procedure order
   20.     Records of application and interim forensic procedure order
   21.     Results of forensic procedure carried out under interim forensic procedure order

           Division 6 - Miscellaneous

   22.     Preventing destruction or contamination of evidence
   23.     Suspect or charged person may be taken into custody following forensic procedure order
   24.     Restrictions on publication in respect of suspect

   PART 3 - Non-Intimate Forensic Procedures On Prescribed Offenders

   25.     Circumstances for non-intimate forensic procedure on prescribed offender
   26.     Non-intimate forensic procedure on order of police officer
   27.     Custody of prescribed offender on parole for purposes of carrying out non-intimate forensic procedure
   28.     Forensic procedure carried out in prison, &c.

   PART 4 - Forensic Procedures On Volunteers

           Division 1 - Circumstances for carrying out forensic procedures on volunteers

   29.     Circumstances for carrying out forensic procedures on volunteers

           Division 2 - Consent to forensic procedure

   30.     Informing volunteer or parent of forensic procedure
   31.     Withdrawal of consent to retention of forensic material

           Division 3 - Order to retain forensic material, &c.

   32.     Application for order to retain forensic material, &c.
   33.     Procedure at hearing
   34.     Order for retention of forensic material, &c.

   PART 5 - Carrying Out Forensic Procedures

           Division 1 - General provisions

   35.     General rules for carrying out forensic procedure
   36.     Use of force in carrying out forensic procedure
   37.     Taking samples of hair
   38.     Withdrawal of consent

           Division 2 - Who may carry out and be present during forensic procedures

   39.     Forensic procedure carried out by authorised person only
   40.     Authorised persons and persons who may be present during forensic procedure
   41.     Certain forensic procedures generally to be carried out by person of same sex
   42.     Person may get help to carry out forensic procedure
   43.     Presence of medical practitioner or dentist of choice
   44.     Presence of parent or witness while forensic procedure is carried out
   45.     Presence of police officers during forensic procedure

   PART 6 - Admissibility of Evidence

   46.     Rules of evidence apply to evidence obtained illegally, &c.
   47.     Admissibility of evidence relating to consent to forensic procedures
   48.     Obstructing, &c., the carrying out of forensic procedure

   PART 7 - Destruction of Forensic Material

   49.     Destruction of forensic material if interim forensic procedure order disallowed
   50.     Destruction of certain forensic material obtained by court order
   51.     Destruction of suspect's or charged person's forensic material after 12 months

   PART 8 - DNA Database System

   52.     Supply of forensic material
   53.     Use of information on DNA database system
   54.     Permissible matching of DNA profiles
   55.     Recording, retention and removal of identifying information on DNA database system
   56.     Inclusion on DNA database system of information from material obtained before this Act

   PART 9 - Miscellaneous

           Division 1 - Interstate enforcement

   57.     Registration of orders
   58.     Database information

           Division 2 - Miscellaneous

   59.     Carrying out second forensic procedure
   60.     Powers and rights of legal representatives
   61.     Liability for forensic procedures
   62.     Authorised persons not obliged to carry out forensic procedures
   63.     Disclosure of information
   64.     Taking, retention and use of forensic material and information
   65.     Regulations
   66.     Administration of Act
   67.     Police Offences Act 1935 amended
   68.     Acts repealed
           SCHEDULE 1