Commonwealth Numbered Regulations

CRIMES AMENDMENT REGULATIONS 1998 (No. 2) 1998 No. 361 - SCHEDULE 1

Schedule 1 Amendment of Crimes Regulations (regulation 3) (1) Regulation 1
substitute 1 Name of regulations
These regulations are the Crimes Regulations 1990. (2) After regulation 6A
insert 6B Appropriately qualified persons

(1) For paragraph (b) of the definition of appropriately qualified in section
23WA of the Act, a person mentioned in an item in Schedule 3B is qualified to
carry out the forensic procedure mentioned in that item.

(2) In Schedule 3B, a reference to a forensic scientist or forensic technician
is a reference to a person engaged (whether as an employee or otherwise) in
that capacity by:

   (a)  the Australian Federal Police; or

   (b)  the police force or police service of a State or Territory. (3) After
        Schedule 3A
insert Schedule 3B Appropriately qualified persons (regulation 6A)

Item
Forensic procedure
Qualified person
 1      external examination of the genital or anal area, the buttocks 

or, in the case of a female, the breasts
forensic scientist
forensic technician
 2      taking of a sample of blood

forensic scientist
forensic technician
for a fingerprick only: constable
 3      taking of a sample of saliva, or a sample by buccal swab

forensic scientist
forensic technician
constable
 4      taking of a sample of pubic hair

forensic scientist
forensic technician
 5      taking of a sample by swab or washing from the external 
genital
or anal area, the buttocks or, in the case of a female, the
breasts
forensic scientist
forensic technician
 6      taking of a sample by vacuum suction, scraping or lifting by 

tape from the external genital or anal area, the buttocks or,
in the case of a female, the breasts
forensic scientist
forensic technician
 7      taking of a photograph of, or an impression or cast of a wound 

from, the genital or anal area, the buttocks or, in the case of
a female, the breasts
medical practitioner
forensic scientist
forensic technician
 8      external examination of a part of the body other than the 

genital or anal area, the buttocks or, in the case of a female,
the breasts, that requires touching of the body or removal of
clothing
forensic scientist
forensic technician
constable
 9      taking of a sample of hair other than pubic hair

forensic scientist
forensic technician
10      taking of a sample from a nail or from under a nail

forensic scientist
forensic technician
11      taking of a sample by swab or washing from any external part 
of
the body other than the genital or anal area, the buttocks or,
in the case of a female, the breasts
forensic scientist
forensic technician
12      taking of a sample by vacuum suction, scraping or lifting by 

tape from any external part of the body other than the genital
or anal area, the buttocks or, in the case of a female, the
breasts
forensic scientist
forensic technician
13      taking of a photograph of, or an impression or cast of a wound 

from, an external part of the body other than the genital or
anal area, the buttocks or, in the case of a female, the
breasts
for a photograph:
constable
medical practitioner
forensic scientist
forensic technician
for an impression or cast of a wound: medical
practitioner
forensic scientist
forensic technician