Tasmanian Numbered Acts

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FORENSIC PROCEDURES AMENDMENT ACT 2008 (NO. 34 OF 2008) - SECT 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 crime scenes generally or, if so specified by the officer, only at a particular crime scene:
(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 –
(a) with regard to crime scenes generally; 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 only.

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.
(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 generally:
(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

(1)  Despite any other provision of this Act –
(a) if forensic material is taken from a police officer under section 34A(1) for the purpose of differentiating the officer's forensic material from forensic material found at a particular crime scene, as specified by the officer under that section, information obtained from an analysis of the officer's forensic material must not be matched with any information obtained from an analysis of any forensic material other than information obtained from an analysis of forensic material found at that particular crime scene; or
(b) if forensic material is taken from a police officer under section 34A(1) , or from a member of the Police Service under section 34B(3) , for the purpose of differentiating the officer or member's forensic material from forensic material found at crime scenes generally, information obtained from an analysis of the officer or member's forensic material must not be matched with any information obtained from an analysis of any forensic material other than information obtained from an analysis of forensic material found at a crime scene.
(2)  Despite any other provision of this Act, information obtained from the analysis of forensic material taken from a police officer or member of the Police Service under section 34B(1) must not be matched with any information obtained from an analysis of any forensic material other than information obtained from the analysis of forensic material found at the particular crime scene specified by the Commissioner under that section.
(3)  Forensic material taken from a police officer or member of the Police Service under section 34A or 34B , and any information obtained from an analysis of such forensic material –
(a) must not be used for the purposes of an internal Police Service investigation; and
(b) may not be received or admitted as evidence in any disciplinary proceeding, or proceeding for an offence, against the police officer or member of the Police Service.



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