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TASMANIA
__________
FORENSIC PROCEDURES AMENDMENT BILL
2006
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 4A inserted
PART 4A - Non-intimate Forensic Procedures on Police
Officers and Members of the Police Service
34A. Police officers may volunteer to undergo non-
intimate forensic procedures
34B. Requiring police officers and members of the Police
Service to undergo non-intimate forensic procedures
34C. Limit on use, &c., of forensic material taken under
this Part
6. Section 51A inserted
51A. Destruction of forensic material taken under
section 34A or 34B
7. Section 52 amended (Supply of forensic material)
8. Section 54 amended (Permissible matching of DNA profiles)
9. Part 8A inserted
PART 8A - Other Use of Information from Forensic Material
of Police Officer or Member of the Police Service
56A. Other use of information from forensic material of
police officer or member of the Police Service
10. Section 58 amended (Database information)
[Bill 23]-X
11. Section 66A inserted
66A. Savings and transitional provision
2
FORENSIC PROCEDURES AMENDMENT BILL
2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Forensic Procedures Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Forensic
Procedures Amendment Act 2006.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
*No. 101 of 2000
[Bill 23] 3
Forensic Procedures Amendment Act 2006
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "corresponding law":
"crime scene" means -
(a) a place where a serious
offence was, or is
reasonably suspected of
having been, committed;
and
(b) a place or thing
reasonably suspected of
being associated with the
commission of a serious
offence;
(b) by inserting the following definition after
the definition of "medical practitioner":
"member of the Police Service"
means -
(a) a person who holds the
rank of Trainee or Junior
Constable specified in
section 4(2) of the Police
Service Act 2003; or
(b) an ancillary constable
within the meaning of the
Police Service Act 2003;
4
Forensic Procedures Amendment Act 2006
Act No. of
s. 5
5. Part 4A inserted
After section 34 of the Principal Act, the
following Part is inserted:
PART 4A - NON-INTIMATE FORENSIC
PROCEDURES ON POLICE OFFICERS AND
MEMBERS OF THE POLICE SERVICE
34A. Police officers may volunteer to undergo
non-intimate forensic procedures
(1) A police officer may volunteer to
undergo one or more of the following
non-intimate forensic procedures carried
out in accordance with this Act for the
purpose of differentiating the officer's
forensic material from other forensic
material found at any crime scenes the
officer may attend in the course of his or
her duties or, if so specified by the
officer, at a particular crime scene which
the officer has attended in the course of
his or her duties:
(a) the taking of a sample of saliva;
(b) the taking of a sample by buccal
swab.
(2) The information obtained from an
analysis of the forensic material taken
from a police officer under subsection (1)
may be used -
5
Forensic Procedures Amendment Act 2006
Act No. of
s. 5
(a) with regard to any crime scenes
attended by the officer in the
course of his or her duties; or
(b) if so specified by the officer when
volunteering to undergo the non-
intimate forensic procedures
under that subsection, with regard
to the specified particular crime
scene attended by the officer in
the course of his or her duties.
34B. Requiring police officers and members of the
Police Service to undergo non-intimate
forensic procedures
(1) The Commissioner of Police may require
a police officer or member of the Police
Service to undergo one or more of the
following non-intimate forensic
procedures carried out in accordance
with this Act for the purpose of
differentiating the police officer's or
member's forensic material from other
forensic material found at a particular
crime scene specified by the
Commissioner and which the officer or
member has attended in the course of his
or her duties:
(a) the taking of a sample of saliva;
(b) the taking of a sample by buccal
swab.
6
Forensic Procedures Amendment Act 2006
Act No. of
s. 5
(2) A requirement under subsection (1) may
be made even if the Commissioner of
Police has made such a requirement in
respect of that police officer or member
of the Police Service previously.
(3) The Commissioner of Police may require
a member of the Police Service who was
appointed as such after the
commencement of this section to
undergo one or more of the following
non-intimate forensic procedures carried
out in accordance with this Act for the
purpose of differentiating the member's
forensic material from other forensic
material found at crime scenes which the
member may attend, or has attended, in
the course of his or her training or duties
either as a member or, if the member
ceases to be a member of the Police
Service because he or she is appointed as
a police officer, as a police officer:
(a) the taking of a sample of saliva;
(b) the taking of a sample by buccal
swab.
34C. Limit on use, &c., of forensic material taken
under this Part
Despite any other provision of this Act,
forensic material, and information
obtained from an analysis of forensic
material, taken from a police officer or
7
Forensic Procedures Amendment Act 2006
Act No. of
s. 6
member of the Police Service under this
Part may only be accessed, disclosed and
used for the purpose for which it was
taken.
6. Section 51A inserted
After section 51 of the Principal Act, the
following section is inserted in Part 7:
51A. Destruction of forensic material taken under
section 34A or 34B
(1) Forensic material, and any information
obtained from an analysis of forensic
material, taken from a police officer
under section 34A or 34B must be
destroyed as soon as practicable after that
police officer ceases to be a police
officer.
(2) Forensic material, and any information
obtained from an analysis of forensic
material, taken from a member of the
Police Service under section 34B must be
destroyed as soon as practicable -
(a) after that member ceases to be a
member of the Police Service; or
(b) if the member ceases to be a
member of the Police Service
because he or she is appointed as
a police officer, after he or she
ceases to be a police officer.
8
Forensic Procedures Amendment Act 2006
Act No. of
s. 7
(3) Forensic material, and any information
obtained from an analysis of forensic
material, taken from a police officer or
member of the Police Service under
section 34A or 34B must be destroyed as
soon as practicable after the officer or
member has requested, in writing, the
destruction of the forensic material.
(4) Forensic material, and any information
obtained from an analysis of forensic
material, taken from a police officer or
member of the Police Service under
section 34A or 34B must be destroyed as
soon as practicable after it has been used
for the purpose for which it was taken.
7. Section 52 amended (Supply of forensic material)
Section 52(1) of the Principal Act is amended by
omitting paragraph (c) from the definition of
"approved forensic material" and substituting:
(c) taken in accordance with Part 3, 4 or
4A -
(i) from a prescribed offender, a
volunteer, a police officer or a
member of the Police Service; or
(ii) under a corresponding law of a
participating jurisdiction; or
9
Forensic Procedures Amendment Act 2006
Act No. of
s. 8
8. Section 54 amended (Permissible matching of DNA
profiles)
Section 54 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) In the table in subsection (1),
"volunteers (limited purposes)"
includes police officers and members of
the Police Service who have had forensic
material taken under section 34A or 34B.
9. Part 8A inserted
After section 56 of the Principal Act, the
following Part is inserted:
PART 8A - OTHER USE OF INFORMATION FROM
FORENSIC MATERIAL OF POLICE OFFICER OR
MEMBER OF THE POLICE SERVICE
56A. Other use of information from forensic
material of police officer or member of the
Police Service
Information obtained from an analysis of
forensic material taken from a police
officer or member of the Police Service
under section 34A or 34B may only be
matched with other information obtained
from a crime scene, whether or not that
other information is in a database, if that
matching is for the purpose for which
that forensic material was taken.
10
Forensic Procedures Amendment Act 2006
Act No. of
s. 10
10. Section 58 amended (Database information)
Section 58 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) This section does not apply to
information obtained from an analysis of
forensic material taken from a police
officer or member of the Police Service
under section 34A or 34B.
11. Section 66A inserted
After section 66 of the Principal Act, the
following section is inserted in Division 2:
66A. Savings and transitional provision
If before the commencement of the
Forensic Procedures Amendment Act
2006 a police officer or member of the
Police Service had forensic material
taken for the purpose of differentiating
that forensic material from other forensic
material found at a particular crime scene
or crime scenes generally, that forensic
material is taken to have been taken
under section 34A or 34B for that
purpose.
Government Printer, Tasmania 11